Gena Marie Dunphy, petitioner v. United States, respondent, on petition for a writ of certiorari to the United States Court of Appeals for the Fourth Circuit: petition for a writ of certiorari
Gena Marie Dunphy, Thomas C. Goldstein, Pamela S. Karlan, Jeffrey L. Fisher, Amy Howe, Kevin K. Russell, United States. Supreme Court, Stanford University. Supreme Court Litigation Clinic
Wilson-Epes Printing, 2009 - Law - 70 pages
Urges the Supreme Court to grant certiorari in order to determine whether the Federal Sentencing Guidelines are binding when a district court imposes a new sentence pursuant to a revised guideline range.
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10th Cir 1st Cir 3d Cir 4th Cir amended guideline range Amendment 706 amendments listed applicable guideline range applicable policy statements Apprendi authority base offense level Congress considering the factors consistent with applicable court may reduce Court of Appeals crack cocaine decision defendant's sentence defendant's term determined under subsection district court Dunphy's factors set federal courts Federal Sentencing Guidelines Fourth Circuit full resentencing GENA MARIE DUNPHY grams of crack guideline amendment guideline provisions guideline range applicable guideline range determined guidelines applicable Guidelines as binding Hicks imprisonment imposed imprisonment provided imprisonment under 18 listed in subsection mandatory months motion original sentence original term Petitioner policy statements issued pursuant to 18 reduce the defendant's reduce the term reduction is consistent revised guidelines range Ricardo Hinojosa Section 3582 proceedings sentence reduction sentencing range Sixth Amendment Stanford Law School statutory subsection b)(1 subsequently been lowered term of imprisonment treat the Guidelines violate the Sixth