Tuesday, September 13, 2011

Fifth Circuit -- USA v. Moises Garcia

Crack/Cocaine disparity sentencing reduction.

Court properly understood guidelines, knew it had the freedom to depart.

No Separation of Powers issue, as Congress specifically delegated power to the Sentencing Commission to make rules regarding discretion.

USA v. Moises Garcia
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.