Legal Opinion

United States v. Salazar-Hernandez

District Court, E.D. Wisconsin

Decided May 1, 2006No. 2:03-cv-00294PublishedCited by 1 opinion

1Opinion of the Court

SENTENCING MEMORANDUM

ADELMAN, District Judge.

The mandatory federal sentencing guidelines strictly limited the ability of district courts to impose sentences outside the prescribed range. However, now that the guidelines are advisory, United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), courts may consider factors that the guidelines treated as irrelevant and where appropriate may find that the range called for by the guidelines is excessive. In certain cases that were in the appellate pipeline when the Court decided Booker, district courts have been afforded a chance…

2Cases cited10 opinions

  1. United States v. BookerSupreme Court of the United States · 2004
  2. United States v. Benigno Montes-Pineda, A/K/A No. Benigno Pineda Muntez, A/K/A Benigno Montez-Pineda, A/K/A Benigno Pineda-MontesCourt of Appeals for the Fourth Circuit · 2006
  3. United States v. Hector Martinez-MartinezCourt of Appeals for the Seventh Circuit · 2006
  4. United States v. Antonio Alberto SebastianCourt of Appeals for the Eighth Circuit · 2006
  5. United States v. RanumDistrict Court, E.D. Wisconsin · 2005

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3Cited by1 opinion

  1. United States v. Arguijo-CervantesDistrict Court, E.D. Wisconsin · 2008

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