Thursday, December 20, 2012

Ninth Circuit -- USA V. DAVID YEPEZ

Federal sentencing bump correctly applied, despite state court's retroactive nunc pro tunc revocation of parole status backdated to the day before the commission of the crime.  Otherwise would be an abdication of federal authority.

Dissent: Federalism , deference, federal sentencing discretion.

USA V. DAVID YEPEZ
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.