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  U.S. v. Booker: The Left Wing Gives and the Right Wing Takes Away
  
  
  
    
      
    
    
      
        U.S. v. Booker:  The Left Wing Gives
and the Right Wing Takes Away
by David Zuckerman
As federal prisoners are well aware, the facts found by a jury often bear little relation to the facts relied on at sentencing. Under the federal Guidelines, the sentencing judge determines a wide variety ...
  
      
        
        
          
            
        
        
      
      
        
          
          
            
              
          
          
        
      
      
        
          
            
        
      
    
  
  
and the Right Wing Takes Away
by David Zuckerman
As federal prisoners are well aware, the facts found by a jury often bear little relation to the facts relied on at sentencing. Under the federal Guidelines, the sentencing judge determines a wide variety ...
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More from this issue:
- California Corrections System Officially Declared Dysfunctional" - Redemption Doubtful
 - Pay To Play: Guard Union Spreads the Wealth
 - New York Jail Settles Strip-Search Suit For $2.7 Million
 - Five Florida Cases Remanded for Award of Jail or Prison Credits
 - South Carolina Prison Officials Cheat Charity, Attempt Coverup
 - Washington Guards Settle Lawsuits For $7,270,000 And $810,000, Lose Third
 - Ohio Lawyer Suspended for Promising Favor from Judge for Money
 - Harsher Oregon Parole Statute Cannot Be Applied Retroactively
 - From the Editor
 - Problems Plague Illinois Jails And Prisons, Employees Watch Television for Pay, by Michael Rigby
 - Connecticut Woman Gang-Raped In Sheriff's Van Settles Suit For $480,000
 - Prison Population Still Rising in Mid-Year 2003
 - Exhaustion of Administrative Remedy Requirement May be Excused
 - Wrongfully-Convicted Missouri Woman Receives $7.5 Million After 16 Years in Prison
 - Judges Of Death, by Mumia Abu-Jamal
 - U.S. v. Booker: The Left Wing Gives and the Right Wing Takes Away, by David Zuckerman
 - Delaware Prisoner's $100,000 Damage Award For Retaliation Upheld
 - Fulton County Jail under Federal Control
 - 9th Circuit Explains Habeas Jurisdiction Under 28 U.S.C. § 2254, Upholds Washington Transfer to Priv
 - NO FTCA or IIED Claims Stated in Oregon Testicular Radiation Case
 - Uprising by Vermont Prisoners Damages CCA Prison in Kentucky, by Matthew Clarke
 - Destruction of Exculpatory Disciplinary Evidence May Violate Due Process Clause
 - New York Jail's Strip Search Policy Permanently Enjoined
 - Oregon Ban On Sexually Explicit Mail, Fantasy Games Upheld, State Law Claims Remanded
 - Washington Community Custody Sanctions Upheld
 - Delaware Prisoner Killed In Hostage Standoff, Counselor Raped
 - Summary Judgment Reversed In Los Angeles Jail Over-Detention Suit
 - Harsh Pre-trial Conditions of Confinement Justify Reduced Federal Sentence
 - Fourth Circuit Reinstates Federal Prisoner's FTCA Claim
 - Pennsylvania Statute Banning Sex Between Staff and Prisoners Upheld
 - $78,435 in Attorney Fees for Successful Challenge to Pennsylvania's Megan's Law
 - PHS and Florida Sheriff Fight Over Liability in Jail Beating Death Suit
 - Mailbox Rule Applies to Texas Prisoners Civil Filings
 - Civil Punitive Damages On Top Of Criminal Punishment Is Not Double Punishment
 - Arizona Appellate Court Vacates Restitution Order In Escape Case
 - Idaho Prisoner States Valid Retaliation Claim Against Parole Commission
 - Lucasville: The Untold Story of a Prison Uprising, by Karen Thimmes
 - Missouri Post-Conviction Proceedings Not Encompassed By PLRA Payment Scheme
 - Massachusetts Court Imposes Time Limits For Unrepresented Criminal Defendants
 - News in Brief:
 - Washington Absconding Does Not Toll LFO Collection Statue
 
More from David Zuckerman:
- U.S. v. Booker: The Left Wing Gives and the Right Wing Takes Away, March 15, 2005
 - The Unmourned Death of Felony Murder by Assault in Washington, Dec. 15, 2002
 - U.S. Supreme Court: No Death Penalty for Retarded; Juries Must Impose Death Sentence, Sept. 15, 2002
 - Anti-Terrorism Act Terrorizes Habeas Petitioners, Aug. 15, 1996
 
More from these topics:
- DOJ Finds Unconstitutional Conditions in Texas Juvenile Detention, Aug. 1, 2025. Staff-Prisoner Assault, Retaliation for Filing Grievances, Pepper Spray/Tear Gas, Sentencing, Control Units/SHU/Solitary Confinement, Failure to Protect (Juveniles), Juvenile Prisons.
 - Georgia Moves to Shield Intellectually Disabled Prisoners from Execution, June 1, 2025. Sentencing, Death Penalty.
 - Fourth Circuit: District Court Failed to Provide Sufficient Explanation for Sentence Imposed and Did Not Address Defendant’s Arguments for Downward Variant Sentence, May 15, 2025. Sentencing, Drug Laws/Offenses.
 - Fourth Circuit: Procedurally Unreasonable Sentence Where District Court Failed to Address Defendant’s Non-Frivolous Downward Variance Argument Based on Sentencing Disparity Due to Which State’s Statute Prior Conviction Based Upon, May 15, 2025. Sentencing, Failure To Consider Disparity, Federal-State Differences/Disparity/Conflicts, Disparity in Charging/Sentencing Practices.
 - SCOTUS Announces Only ‘False’ Statements Made to FDIC Are Criminalized Under 18 U.S.C. § 1014, Not Statements That Are ‘Misleading’ but True, May 15, 2025. Sentencing, False Statements/Perjury.
 - Wisconsin Supreme Court: Jail Time Must Be Credited When Charge Causing Jailing Read in At Sentencing, Jan. 1, 2024. Sentencing, Good Time, Sentences - Corrections or Modifications of, Credits.
 - Changing Perception, Changing The Law, April 15, 2020. Sentencing, U.S. Sentencing Guidelines.
 - Seventh Circuit: Trial Judge Violated 5th Amendment by Modifying Instructions to Allow Jury to Convict on Offenses Not Charged in Indictment, April 15, 2020. Sentencing.
 - SCOTUS: ‘Serious Drug Offense’ Under ACCA Is Self-Defining, Match with Equivalent Federal Offense Not Required, April 15, 2020. Sentencing.
 - Illinois Prisoner Locked Up Decades Without a Conviction or Sentence, April 1, 2020. Criminal Prosecution, Sentencing.
 

