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John Mistretta was indicted in the United States District Court for the Western District of Missouri for allegedly selling cocaine.He moved to have the United States Federal Sentencing Guidelines, which had been established under the Sentencing Reform Act of 1984, declared unconstitutional because it delegated excessive authority by Congress, resulting in a violation of separation of powers.
The power of the Supreme Court to consider appeals from state courts, rather than just federal courts, was created by the Judiciary Act of 1789 and upheld early in the court's history, by its rulings in Martin v. Hunter's Lessee (1816) and Cohens v. Virginia (1821). The Supreme Court is the only federal court that has jurisdiction over direct ...
The Supreme Court has held that every fact that increases the maximum authorized sentence or minimum mandatory sentence must be named in the charging instrument, submitted to a jury, and proved beyond a reasonable doubt—whether or not statutory law labels that fact as an element of the offense or a sentencing factor. [25]
The US Supreme Court has rejected President-elect Donald Trump's last-minute bid to halt his sentencing on Friday in the criminal hush-money case. Trump had urged the top court to consider whether ...
The constitutionality of the commission was challenged as a congressional encroachment on the power of the executive but upheld by the Supreme Court in Mistretta v. United States, 488 U.S. 361 (1989). The U.S. Sentencing Commission was established by Congress as a permanent, independent agency within the judicial branch. [1]
WASHINGTON — The Supreme Court on Friday dealt a blow to potentially thousands of federal prison inmates by ruling against a convicted drug dealer seeking a shorter sentence under a 2018 law ...
(The Center Square) – The U.S. Supreme Court late Thursday blocked President-elect Donald Trump's last-ditch attempt to stave off his criminal sentencing, which is set for Friday in New York, 10 ...
The Guidelines are the product of the United States Sentencing Commission, which was created by the Sentencing Reform Act of 1984. [3] The Guidelines' primary goal was to alleviate sentencing disparities that research had indicated were prevalent in the existing sentencing system, and the guidelines reform was specifically intended to provide for determinate sentencing.