Legal Opinion

United States v. Aguilar-Huerta

Court of Appeals for the Seventh Circuit

Decided August 3, 2009No. 08-2505, 08-3508PublishedCited by 77 opinions

1Opinion of the Court

POSNER, Circuit Judge.

We have consolidated these two sentencing appeals in order to flag a growing problem created by the Booker decision, which in the name of the Sixth Amendment demoted the federal sentencing guidelines to advisory status. Before there were guidelines, a federal judge in picking a sentence ranged essentially at large within the typically broad statutory sentencing limits, appellate review of the choice of sentence within those limits being minimal, even perfunctory. See Wasman v. United States, 468 U.S. 559, 563, 104 S.Ct. 3217, 82 L.Ed.2d 424 (1984); United States v.…

2Cases cited27 opinions

  1. Gall v. United StatesSupreme Court of the United States · 2007
  2. Rita v. United StatesSupreme Court of the United States · 2007
  3. Kimbrough v. United StatesSupreme Court of the United States · 2007
  4. United States v. Mondragon-SantiagoCourt of Appeals for the Fifth Circuit · 2009
  5. Wasman v. United StatesSupreme Court of the United States · 1984

22 more not listed; retrieve them via the Exa API.

3Cited by77 opinions

  1. United States v. PapeCourt of Appeals for the Seventh Circuit · 2010
  2. United States v. BonillaCourt of Appeals for the Second Circuit · 2010
  3. United States v. BrooksCourt of Appeals for the Sixth Circuit · 2011
  4. United States v. Moreno-PadillaCourt of Appeals for the Seventh Circuit · 2010
  5. United States v. Thomas Malone, Jr.Court of Appeals for the Fifth Circuit · 2016

72 more not listed; retrieve them via the Exa API.

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