60 Cited authorities

United States v. Booker
543 U.S. 220 (2005) Cited 25,398 times 28 Legal Analyses
Holding the Sentencing Guidelines are advisory
Apprendi v. New Jersey
530 U.S. 466 (2000) Cited 26,657 times 100 Legal Analyses
Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”
Koon v. United States
518 U.S. 81 (1996) Cited 2,590 times 3 Legal Analyses
Holding that " district court by definition abuses its discretion when it makes an error of law."
Stinson v. United States
508 U.S. 36 (1993) Cited 1,758 times 7 Legal Analyses
Holding "prior judicial constructions of a particular guideline cannot prevent the Commission from adopting a conflicting interpretation"
United States v. Watts
519 U.S. 148 (1997) Cited 1,451 times 13 Legal Analyses
Holding that sentencing courts may consider conduct of which the defendant has been acquitted
United States v. Dunnigan
507 U.S. 87 (1993) Cited 1,302 times 1 Legal Analyses
Holding that § 3C1.1 enhancement is appropriate only where the defendant acts "with the willful intent to provide false testimony, rather than as a result of confusion, mistake or faulty memory."
Lynce v. Mathis
519 U.S. 433 (1997) Cited 835 times 2 Legal Analyses
Holding the cancellation of early release credits violated the Ex Post Facto Clause
Miller v. Florida
482 U.S. 423 (1987) Cited 1,081 times 4 Legal Analyses
Holding that sentencing court should apply sentencing guidelines in existence at the time of the offense
Garrity v. New Jersey
385 U.S. 493 (1967) Cited 1,381 times 15 Legal Analyses
Holding the government's threat of loss of employment to obtain incriminatory evidence against an employee violates the Fourteenth Amendment
U.S. v. Faust
456 F.3d 1342 (11th Cir. 2006) Cited 150 times
Holding that a sentencing court could consider facts underlying acquitted conduct
Section 3553 - Imposition of a sentence
18 U.S.C. § 3553 Cited 76,396 times 111 Legal Analyses
Holding that district court must consider whether its decision will "protect the public from further crimes of the defendant"
Section 3582 - Imposition of a sentence of imprisonment
18 U.S.C. § 3582 Cited 54,687 times 66 Legal Analyses
Granting district court discretion to modify sentence when Sentencing Guideline upon which sentence was based is subsequently amended
Section 1001 - Statements or entries generally
18 U.S.C. § 1001 Cited 7,336 times 300 Legal Analyses
Making false statements
Section 3661 - Use of information for sentencing
18 U.S.C. § 3661 Cited 1,144 times 2 Legal Analyses
Ruling out any "limitation . . . on the information concerning the [offender's] background, character, and conduct" that the "court . . . may receive"
Section 1505 - Obstruction of proceedings before departments, agencies, and committees
18 U.S.C. § 1505 Cited 603 times 20 Legal Analyses
Providing criminal punishment for person who corruptly obstructs or endeavors to obstruct "due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States"
Section 208 - Acts affecting a personal financial interest
18 U.S.C. § 208 Cited 189 times 12 Legal Analyses
Prohibiting executive branch officials from participating in government decisions in which they have a financial interest
Section 1018 - Official certificates or writings
18 U.S.C. § 1018 Cited 65 times 1 Legal Analyses
Penalizing public official who knowingly falsifies official certificate or writing

USA v. Safavian

60 Cited authorities

Holding the Sentencing Guidelines are advisory

Holding that “[o]ther than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt”

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

Holding "prior judicial constructions of a particular guideline cannot prevent the Commission from adopting a conflicting interpretation"

Holding that sentencing courts may consider conduct of which the defendant has been acquitted

Holding that § 3C1.1 enhancement is appropriate only where the defendant acts "with the willful intent to provide false testimony, rather than as a result of confusion, mistake or faulty memory."

Holding the cancellation of early release credits violated the Ex Post Facto Clause

Holding that sentencing court should apply sentencing guidelines in existence at the time of the offense

Holding the government's threat of loss of employment to obtain incriminatory evidence against an employee violates the Fourteenth Amendment

Holding that a sentencing court could consider facts underlying acquitted conduct

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

Granting district court discretion to modify sentence when Sentencing Guideline upon which sentence was based is subsequently amended

Making false statements

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

Providing criminal punishment for person who corruptly obstructs or endeavors to obstruct "due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States"

Prohibiting executive branch officials from participating in government decisions in which they have a financial interest

Penalizing public official who knowingly falsifies official certificate or writing