31 Cited authorities

United States v. Booker
543 U.S. 220 (2005) Cited 25,443 times 28 Legal Analyses
Holding the Sentencing Guidelines are advisory
Gall v. United States
552 U.S. 38 (2007) Cited 17,796 times 15 Legal Analyses
Holding that we "must give due deference to the district court's decision that the § 3553 factors, on a whole, justify the extent of the variance."
Teague v. Lane
489 U.S. 288 (1989) Cited 7,723 times 99 Legal Analyses
Holding that the rule announced in Taylor v. Louisiana requiring the jury venire be drawn from a fair cross section of the community is procedural and does not apply retroactively
United States v. Cronic
466 U.S. 648 (1984) Cited 7,403 times 30 Legal Analyses
Holding defendant is constructively denied counsel during critical stage of criminal proceedings where counsel, inter alia, "fails to subject the prosecution's case to meaningful adversarial testing"
Schriro v. Summerlin
542 U.S. 348 (2004) Cited 2,209 times 12 Legal Analyses
Holding "[n]ew substantive rules generally apply retroactively"
Koon v. United States
518 U.S. 81 (1996) Cited 2,596 times 3 Legal Analyses
Holding that " district court by definition abuses its discretion when it makes an error of law."
Griffith v. Kentucky
479 U.S. 314 (1987) Cited 3,336 times 15 Legal Analyses
Holding that on direct review, a new constitutional rule must be applied retroactively "to all cases, state or federal"
Peugh v. United States
569 U.S. 530 (2013) Cited 1,019 times 6 Legal Analyses
Holding that the Ex Post Facto Clause is violated when a change to the Guidelines adopted after the instant offense was committed results in an increased sentencing range
Collins v. Youngblood
497 U.S. 37 (1990) Cited 2,020 times 8 Legal Analyses
Holding change in State law allowing reformation of improper criminal verdicts 35 not to violate Ex Post Facto clause
Mistretta v. United States
488 U.S. 361 (1989) Cited 1,930 times 11 Legal Analyses
Holding that Sentencing Reform Act of 1984, 18 U.S.C. § 3551 et seq., and 28 U.S.C. § 991 et seq., did not result in Executive's wielding legislative powers, despite either House's power to block Act's passage
Section 2255 - Federal custody; remedies on motion attacking sentence
28 U.S.C. § 2255 Cited 129,989 times 129 Legal Analyses
Adopting one-year limitations period for §2255 motions
Section 841 - Prohibited acts A
21 U.S.C. § 841 Cited 91,490 times 147 Legal Analyses
In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.
Section 924 - Penalties
18 U.S.C. § 924 Cited 66,175 times 187 Legal Analyses
Holding that conviction for eluding police, under Maine statute which provides that "[w]hoever, after being requested or signaled to stop, attempts to elude a law enforcement officer by driving a vehicle at a reckless rate of speed which results in a high-speed chase between the operator's vehicle and any law enforcement vehicle using a blue light and siren is guilty" of a felony-level crime, involves conduct that presents a serious potential risk of physical injury to another for purposes of 18 U.S.C. § 924(e)
Section 922 - Unlawful acts
18 U.S.C. § 922 Cited 60,913 times 183 Legal Analyses
Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"

Salazar v. United States of America

31 Cited authorities

Holding the Sentencing Guidelines are advisory

Holding that we "must give due deference to the district court's decision that the § 3553 factors, on a whole, justify the extent of the variance."

Holding that the rule announced in Taylor v. Louisiana requiring the jury venire be drawn from a fair cross section of the community is procedural and does not apply retroactively

Holding defendant is constructively denied counsel during critical stage of criminal proceedings where counsel, inter alia, "fails to subject the prosecution's case to meaningful adversarial testing"

Holding "[n]ew substantive rules generally apply retroactively"

Holding that " district court by definition abuses its discretion when it makes an error of law."

Holding that on direct review, a new constitutional rule must be applied retroactively "to all cases, state or federal"

Holding that the Ex Post Facto Clause is violated when a change to the Guidelines adopted after the instant offense was committed results in an increased sentencing range

Holding change in State law allowing reformation of improper criminal verdicts 35 not to violate Ex Post Facto clause

Holding that Sentencing Reform Act of 1984, 18 U.S.C. § 3551 et seq., and 28 U.S.C. § 991 et seq., did not result in Executive's wielding legislative powers, despite either House's power to block Act's passage

Adopting one-year limitations period for §2255 motions

In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.

Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"