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Court Decision Restricts Gun Sentences

Discussion in 'Legal' started by qlajlu, Jun 9, 2007.

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  1. qlajlu

    qlajlu Member

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    Kearns, Utah
    http://www.nysun.com/article/56039

     
  2. Jeff White

    Jeff White Moderator Staff Member

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    Sentencing guidelines have been controversial for years. The US Supreme Court was going to make a definitive ruling on how closely federal judges had to follow them, however in a twist of fate that is similar to what happened in the Miller Case, the defendant was murdered and the case has been been dismissed:
    http://www.stltoday.com/stltoday/ne...3E82B9B5A4571429862572F300137944?OpenDocument
    The Supreme Court is going to visit this issue and my gut feeling is that judges are going to be given the power to sentence as they see fit.

    Jeff
     
  3. jfh

    jfh Member

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    update: SC refuses to hear Cavera appeal:

    but, according to this AP Article, the Appeals Court's upholding his over-max sentence had Sotomayor's dissent from the majority:

    "Judge Sonia Sotomayor, who last week was nominated to the high court, took issue with her colleagues on the 2nd U.S. Circuit Court of Appeals who upheld the sentence. Sotomayor said in a lengthy dissent that only in rare instances should trial judges set prison terms that are outside the federal guidelines."​

    IMHO: This dissent does NOT indicate her personal support for Cavera at all--but indicates a real willingness to see mandated sentencing that cripple a judiciary.

    Jim H.
     
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