Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Seventh Circuit Finds Rule 32(h) 'Obsolete' in the Wake of Booker
In United States v. Walker, No. 05-1812 (7th Cir. May 17, 2006), the Seventh Circuit held that Rule 32(h) of the Federal Rules of Criminal Procedure, which requires that the defendant receive notice that the sentencing court is contemplating a departure from the Sentencing Guidelines, is obsolete in the post-Booker era.
The defendant appealed his above guidelines sentence for assault on a federal officer on the grounds that the district court violated Rule 32(h) by not giving him reasonable notice before imposing an upward departure from the Sentencing Guidelines. The Seventh Circuit reasoned that because United States v. Booker, 543 U.S. 220 (2005), made the Guidelines advisory, the concept of departure has become obsolete. The Circuit Court noted that above guidelines sentences are no longer an unexpected departure from a generally binding range. Rather, all defendants are on notice that sentencing courts have discretion to impose a sentence that is reasonable based on the factors set forth in 18 U.S.C. ' 3553(a). Thus the concern that underlies Rule 32, that defendants should not be unfairly surprised by a departure, no longer applies and sentencing courts are not required to give notice of upward departures.
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.