11 Cited authorities

United States v. Booker
543 U.S. 220 (2005) Cited 25,436 times 28 Legal Analyses
Holding the Sentencing Guidelines are advisory
Blakely v. Washington
542 U.S. 296 (2004) Cited 16,638 times 17 Legal Analyses
Holding that “[w]hen a judge inflicts punishment that the jury's verdict alone does not allow, the jury has not found all the facts ‘which the law makes essential to the punishment,’ and the judge exceeds his proper authority”
Koon v. United States
518 U.S. 81 (1996) Cited 2,594 times 3 Legal Analyses
Holding that " district court by definition abuses its discretion when it makes an error of law."
U.S. v. Crosby
397 F.3d 103 (2d Cir. 2005) Cited 1,494 times 1 Legal Analyses
Holding that defendant's presence in court is not required on remand to decide if resentencing is necessary
U.S. v. Gonzalez-Huerta
403 F.3d 727 (10th Cir. 2005) Cited 399 times
Holding that the defendant "bears the burden to establish by a reasonable probability based upon the record on appeal that his substantial rights were affected"
U.S. v. Joyner
924 F.2d 454 (2d Cir. 1991) Cited 97 times
Holding that "disparity among codefendants as such is not a permissible basis for departure," and noting that "neither Congress nor the Commission could have expected that the mere fact of a difference between the applicable guideline range for a defendant and that of his co-defendant would permit a departure, either because the difference was too large or too small."
U.S. v. Wilson
350 F. Supp. 2d 910 (D. Utah 2005) Cited 42 times
Holding that the Guidelines should be given "heavy weight" and that non-Guideline sentences should be imposed only in "unusual cases for clearly identified and persuasive reasons"
U.S. v. Wilson
355 F. Supp. 2d 1269 (D. Utah 2005) Cited 15 times
Finding that guideline sentences are entitled to substantial weight and should be imposed unless substantial reasons justify variance
Section 3553 - Imposition of a sentence
18 U.S.C. § 3553 Cited 76,838 times 111 Legal Analyses
Holding that district court must consider whether its decision will "protect the public from further crimes of the defendant"
Section 994 - Duties of the Commission
28 U.S.C. § 994 Cited 12,467 times 11 Legal Analyses
Granting the commission authority to "promulgate ... guidelines ... for use ... in determining the sentence to be imposed in a criminal case"
Section 3661 - Use of information for sentencing
18 U.S.C. § 3661 Cited 1,151 times 2 Legal Analyses
Ruling out any "limitation . . . on the information concerning the [offender's] background, character, and conduct" that the "court . . . may receive"

USA v. Ganim

11 Cited authorities

Holding the Sentencing Guidelines are advisory

Holding that “[w]hen a judge inflicts punishment that the jury's verdict alone does not allow, the jury has not found all the facts ‘which the law makes essential to the punishment,’ and the judge exceeds his proper authority”

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

Holding that defendant's presence in court is not required on remand to decide if resentencing is necessary

Holding that the defendant "bears the burden to establish by a reasonable probability based upon the record on appeal that his substantial rights were affected"

Holding that the Guidelines should be given "heavy weight" and that non-Guideline sentences should be imposed only in "unusual cases for clearly identified and persuasive reasons"

Finding that guideline sentences are entitled to substantial weight and should be imposed unless substantial reasons justify variance

Holding that district court must consider whether its decision will "protect the public from further crimes of the defendant"

Granting the commission authority to "promulgate ... guidelines ... for use ... in determining the sentence to be imposed in a criminal case"

Ruling out any "limitation . . . on the information concerning the [offender's] background, character, and conduct" that the "court . . . may receive"