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The Sentencing Table [7] in the Guidelines Manual [8] shows the relationship between these two factors; for each pairing of offense level and criminal history category, the Table specifies a sentencing range, in months, within which the court may sentence a defendant. For example, for a defendant convicted on an offense with a total offense ...
Robinson v. California, 370 U.S. 660 (1962), is the first landmark decision of the United States Supreme Court in which the Eighth Amendment of the Constitution was interpreted to prohibit criminalization of particular acts or conduct, as contrasted with prohibiting the use of a particular form of punishment for a crime.
The maximum sentence for Fanfan under the Federal Guidelines, without any additional findings, was 78 months in prison. At sentencing, the judge, by a preponderance of the evidence, determined that Fanfan was responsible for 2.5 kilograms of cocaine powder and 261.6 grams of crack and was an organizer, leader, manager, or supervisor in the ...
The sentencing decision-maker must have the authority to consider all mitigating factors. [19] Fourth, the Clause requires certain additional procedural rules in capital cases. For example, the jury must be permitted to consider a lesser included offense. [20] Witherspoon v.
In cases where the "sole advantage a defendant would have received under the plea is a lesser sentence", the Supreme Court ruled that courts should "exercise discretion in determining whether the defendant should receive the term of imprisonment the government offered in the plea, the sentence he received at trial, or something in between". [24]
In 1996, 12-month mandatory sentencing laws around third offence home burglary were introduced by Western Australia through amendments to the 1913 Criminal Code. [36] In 1997, mandatory "three strikes" laws were introduced for property offences in the Northern Territory, which raised incarceration rates of Indigenous women by 223% in the first ...
The former star athlete who stabbed his ex-girlfriend and her mother in a frenzied parking lot attack in Florida last summer — before slashing his own throat — still had the scars of his ...
The Court ordered the briefs in Booker to be submitted during the month of September 2004, and scheduled oral argument in Booker for the first day of the 2004 Term, Monday, October 4. The Court's opinion in Booker came out on January 12, 2005, and drastically changed the legal framework within which federal sentencing takes place.