Legal Opinion
United States v. Cavera
Court of Appeals for the Second Circuit
Decided October 11, 2007No. Docket 05-4591-cr(L), 05-5210-cr(CON)PublishedCited by 8 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge:
This appeal prompts us to write further on the subject of federal criminal sentencing in the aftermath of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). 1 All agree that Booker removed the mandatory teeth of the United States Sentencing Guidelines (Guidelines) by rendering them advisory, and that Justice Breyer’s remedy opinion put some bite back into the Guidelines by requiring courts when sentencing defendants to “consider” them. See id. at 259-60, 125 S.Ct. 738. We, like our sister circuits, are still putting flesh on the skeleton…
2Cases cited20 opinions
- United States v. BookerSupreme Court of the United States · 2004
- United States v. Jerome CrosbyCourt of Appeals for the Second Circuit · 2005
- United States v. EvansSupreme Court of the United States · 1948
- United States v. James RattoballiCourt of Appeals for the Second Circuit · 2006
- United States v. Jose D. FlorezCourt of Appeals for the Second Circuit · 2006
15 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- United States v. CaveraCourt of Appeals for the Second Circuit · 2008
- United States v. StewartCourt of Appeals for the Second Circuit · 2009
- United States v. PolitanoCourt of Appeals for the First Circuit · 2008
- City of New York v. A-1 Jewelry & Pawn, Inc.District Court, E.D. New York · 2007
- United States v. Rolando Gonzalez-DelgadoCourt of Appeals for the Eleventh Circuit · 2008
3 more not listed; retrieve them via the Exa API.