Application of Booker remedial holding to pre-Booker offense does not violate Due Process Clause
SENTENCING United States v. Rines, No. 04-4182, ___ F.3d ___ (10th Cir. Aug. 16, 2005)(Utah). Appeal of sentence for being felon in possession of ammunition in violation of 18 U.S.C. ยง 922(g)(1). HELD: Application of remedial holding in United States v. Booker, 125 S.Ct. 738 (2005), that federal sentencing guidelines are discretionary, not mandatory, to pre-Booker offense does not violate Fifth Amendment Due Process Clause as judicially created rule that is unforeseeable alteration of what was up until Booker clear statutory requirement that defendant must be sentenced within guidelines range. Read the opinion here. |
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