19 Cited authorities

United States v. Booker
543 U.S. 220 (2005) Cited 25,439 times 28 Legal Analyses
Holding the Sentencing Guidelines are advisory
United States v. Wilson
503 U.S. 329 (1992) Cited 3,288 times 1 Legal Analyses
Holding 18 U.S.C. § 3585(b) does not authorize the district court to compute the amount of credit at sentencing
Reno v. Koray
515 U.S. 50 (1995) Cited 1,056 times 1 Legal Analyses
Holding that BOP program statements are entitled to "some deference" when they reflect a "permissible construction of the statute"
Witte v. United States
515 U.S. 389 (1995) Cited 909 times 2 Legal Analyses
Holding that a crime passing the Blockburger test may be charged successively even if considered at sentencing in earlier prosecution
Harrison v. Ollison
519 F.3d 952 (9th Cir. 2008) Cited 829 times
Holding that the Supreme Court's decision in Jones v. United States, 529 U.S. 848, 120 S.Ct. 1904, 146 L.Ed.2d 902, did not effect a material change in the law but only clarified a prior Supreme Court decision and two Ninth Circuit opinions consistent with Jones's holding
U.S. v. Thiele
314 F.3d 399 (9th Cir. 2002) Cited 185 times
Holding that § 2255 cannot be used to challenge the validity of a restitution order
U.S. v. Knight
562 F.3d 1314 (11th Cir. 2009) Cited 121 times
Holding that a defendant was not entitled to an adjustment for acceptance of responsibility when he pled guilty on the eve of trial, only after he had unsuccessfully moved to suppress the evidence against him
Willis v. United States
438 F.2d 923 (5th Cir. 1971) Cited 292 times
Holding that federal prisoner may receive sentence credit for time spent in presentence custody
U.S. v. Armstead
296 F. App'x 594 (9th Cir. 2008) Cited 100 times
Holding substantive reasonableness of sentence reviewed for abuse of discretion
U.S. v. Guthrie
931 F.2d 564 (9th Cir. 1991) Cited 64 times
Holding that a criminal defendant had waived his right to complain of an omitted jury instruction because defense counsel had refused the district court's offer to provide it
Section 2255 - Federal custody; remedies on motion attacking sentence
28 U.S.C. § 2255 Cited 129,909 times 129 Legal Analyses
Adopting one-year limitations period for §2255 motions
Section 846 - Attempt and conspiracy
21 U.S.C. § 846 Cited 44,265 times 19 Legal Analyses
Holding each conspirator responsible for the quantity of drugs distributed by the conspiracy
Section 3624 - Release of a prisoner
18 U.S.C. § 3624 Cited 5,959 times 12 Legal Analyses
Granting to the Bureau of Prisons the authority to order home confinement
Section 3585 - Calculation of a term of imprisonment
18 U.S.C. § 3585 Cited 4,095 times 1 Legal Analyses
Stating that " defendant shall be given credit . . . for any time . . . that has not been credited against another sentence"
Section 11352 - Unlawful transportation, importation, sale, furnishing, administration or gift
Cal. Health & Saf. Code § 11352 Cited 2,362 times 2 Legal Analyses
Reciting an identical list, except for the addition of subdivision "(e)" of "Section 11054," which relates to certain depressants

Victor Gomez-Ortiz v. United States of America

19 Cited authorities

Holding the Sentencing Guidelines are advisory

Holding 18 U.S.C. § 3585(b) does not authorize the district court to compute the amount of credit at sentencing

Holding that BOP program statements are entitled to "some deference" when they reflect a "permissible construction of the statute"

Holding that a crime passing the Blockburger test may be charged successively even if considered at sentencing in earlier prosecution

Holding that the Supreme Court's decision in Jones v. United States, 529 U.S. 848, 120 S.Ct. 1904, 146 L.Ed.2d 902, did not effect a material change in the law but only clarified a prior Supreme Court decision and two Ninth Circuit opinions consistent with Jones's holding

Holding that § 2255 cannot be used to challenge the validity of a restitution order

Holding that a defendant was not entitled to an adjustment for acceptance of responsibility when he pled guilty on the eve of trial, only after he had unsuccessfully moved to suppress the evidence against him

Holding that federal prisoner may receive sentence credit for time spent in presentence custody

Holding substantive reasonableness of sentence reviewed for abuse of discretion

Holding that a criminal defendant had waived his right to complain of an omitted jury instruction because defense counsel had refused the district court's offer to provide it

Adopting one-year limitations period for §2255 motions

Holding each conspirator responsible for the quantity of drugs distributed by the conspiracy

Granting to the Bureau of Prisons the authority to order home confinement

Stating that " defendant shall be given credit . . . for any time . . . that has not been credited against another sentence"

Reciting an identical list, except for the addition of subdivision "(e)" of "Section 11054," which relates to certain depressants