(DOWNLOAD) "United States v. Cunningham" by United States Court of Appeals for the District of Columbia Circuit. " eBook PDF Kindle ePub Free
eBook details
- Title: United States v. Cunningham
- Author : United States Court of Appeals for the District of Columbia Circuit.
- Release Date : January 14, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The defendant pleaded guilty to one count of conspiring to possess, with intent to distribute, more than five grams of a mixture or substance containing crack cocaine. 21 U.S.C. § 846. The judge sentenced him to 57 months in prison, which was at the bottom of the guidelines range for the defendants offense. The sentence was imposed after the Supreme Court, in United States v. Booker, 125 S.Ct. 738 (2005), had held that the federal sentencing guidelines are advisory. Booker, and cases interpreting it, such as United States v. Mykytiuk, 415 F.3d 606, 607-08 (7th Cir. 2005); United States v. Dean, 414 F.3d 725, 727 (7th Cir. 2005); United States v. George, 403 F.3d 470, 472-73 (7th Cir. 2005); and United States v. Crawford, 407 F.3d 1174, 1178-79 (11th Cir. 2005), instruct the sentencing judge to compute the applicable guidelines sentencing range, just as he would have had to do under the pre-Booker regime; only after doing so does he decide whether to impose a sentence within the range or a different sentence. 127 S.Ct. at 767. If he imposes a sentence within the range, it is presumed to be reasonable, United States v. Mykytiuk, supra, 415 F.3d at 608, though the defendant can try at the sentencing hearing to rebut the presumption by showing that a guidelines sentence is unreasonable in the particular circumstances of the case.
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