Legal Opinion

United States v. Bowers

Court of Appeals for the Sixth Circuit

Decided August 12, 2010No. 08-5595PublishedCited by 47 opinions

1Opinion of the Court

OPINION

BOGGS, Circuit Judge.

Although it has been over five years since the Supreme Court’s thoroughgoing reform of federal sentencing law in United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), a number of open questions remain regarding that decision’s ramifications. In particular, this case requires us to decide Booker’s impact — if any — on our jurisdiction to hear the appeal from a district court’s decision to reduce (or decline to reduce) a final sentence under 18 U.S.C. § 3582(c)(2) (“ § 3582(c)(2)”) and/or Federal Rule of Criminal Procedure 35(b) (“Rule…

2Cases cited62 opinions

  1. Apprendi v. New JerseySupreme Court of the United States · 2000
  2. United States v. BookerSupreme Court of the United States · 2004
  3. Gall v. United StatesSupreme Court of the United States · 2007
  4. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  5. Ruhrgas Ag v. Marathon Oil Co.Supreme Court of the United States · 1999

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3Cited by47 opinions

  1. United States v. Owen DunnCourt of Appeals for the Ninth Circuit · 2013
  2. United States v. GrantCourt of Appeals for the Sixth Circuit · 2011
  3. United States v. James JonesCourt of Appeals for the D.C. Circuit · 2017
  4. United States v. Benjamin ForemanCourt of Appeals for the Sixth Circuit · 2020
  5. United States v. Joseph MarshallCourt of Appeals for the Sixth Circuit · 2020

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