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Post-United States v. Booker, 543 U.S. 220, 125 S. Ct. 738 2005

United States v. Booker 543 U.S. 220, 125 S. Ct. 738 (2005) . Constitutional Holding: 5th

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Post-United States v. Booker, 543 U.S. 220, 125 S. Ct. 738 2005

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    1. Post-United States v. Booker, 543 U.S. 220, 125 S. Ct. 738 (2005) A Discussion of Post-Booker Variances; Kimbrough v. United States, 128 S. Ct. 558 (2007); and Gall v. United States, 128 S. Ct. 586 (2007). Tracy Dreispul Assistant Federal Public Defender 400 N. Florida Street, Suite 2700; Tampa, FL 33602 813-228-2715 Tracy_Dreispul@fd.org

    2. United States v. Booker 543 U.S. 220, 125 S. Ct. 738 (2005) Constitutional Holding: 5th & 6th Amendments Require All Facts Essential to Punishment to be Proven Beyond a Reasonable Doubt (“BARD”) Remedial Holding: Courts must consider the Guidelines, but are not bound to apply them in every case. “Reasonableness Review”

    3. U.S. Sentencing Commission Preliminary Quarterly Data Report 1st Quarter 2008

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