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The Government argued that applying the jury-trial requirement to sentencing enhancements promulgated by a commission would transform those enhancements into a criminal code, resulting in an unconstitutional delegation of legislative power to the judicial branch. In Mistretta v.
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.
The exception to this rule occurs when the court determines that such use would violate the ex post facto clause of the Constitution – in other words, if the sentencing guidelines have changed so as to increase the penalty "after the fact", so that the sentence is more severe on the sentencing date than was established on the date that the ...
The Armed Career Criminal Act of 1984 (ACCA) [1] is a United States federal law that provides sentence enhancements for felons who commit crimes with firearms if they are convicted of certain crimes three or more times. Pennsylvania Senator Arlen Specter was a key proponent for the legislation. [2]
A federal appeals court on Wednesday vacated the 14-year sentence of disgraced lawyer Michael Avenatti, who was convicted of swindling his clients, and ordered he be resentenced. Avenatti, who ...
The Stellar Communities [2] program is a multi-agency partnership designed to fund comprehensive community development projects in Indiana's smaller communities. The Indiana Office of Community and Rural Affairs (OCRA), the Indiana Housing & Community Development Authority (IHCDA), [3] and the Indiana Department of Transportation (INDOT), along with the State Revolving Fund, are participating ...