Buford vs. United States Essay examples

Buford vs. United States Essay examples

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Buford vs. United States


Certiorari to the united states court of appeals for the seventh circuit
No. 99-9073. Argued January 8, 2001--Decided March 20, 2001
TYPE OF CASE. This case has to deal with the certiorari (Latin for “to be informed”) from the United States Court of appeals for the seventh district. This case raises a question of the sentencing laws. What is the standard of review as it applies when a court of appeals reviews a trial court’s Sentencing Guideline determination as to whether an offender’s prior convictions were consolidated, hence “related,” for purposes of sentencing? In particular, should the appeals court review the trial court’s decision deferentially or de novo?
FACTS OF THE CASE The trial court decision at issue focused on one aspect of the United States Sentencing Guidelines' treatment of "career offenders," a category of offender subject to particularly severe punishment. The Guidelines define a "career offender" as an offender with "at least two prior felony convictions" for violent or drug-related crimes. United States Sentencing Commission, Guidelines Manual §4B1.1 (Nov. 2000) (USSG).
Petitioner Buford pleaded guilty to armed bank robbery. At sentencing, the Government conceded that her four prior robbery convictions were related, but did not concede that her prior drug conviction was related to the robberies. The drug crime (possession of, with intent to deliver, cocaine) had taken place about the same time as the fourth robbery, and Buford claimed that the robberies had been motivated by her drug addiction. But the only evidentiary link among the crimes was that the police had discovered the cocaine when searching Buford's house after her arrest for the robberies.
Moreo...


... middle of paper ...


...ed deferential review of determination whether Government's legal position was "substantially justified")
In light of the fact-bound nature of the legal decision, the comparatively greater expertise of the District Court, and the limited value of uniform court of appeals precedent, we conclude that the Court of Appeals properly reviewed the District Court's "functional consolidation" decision deferentially. The judgment of the Court of Appeals is affirmed.
RULE Under Article 3, section 2 of the United States Constitution, The judicial power shall extend to all cases in law affecting citizens of states. The 8th Amendment for freedom of cruel and unusual punishment not particularly sited but understood.


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Certiorari to the united states court of appeals for the seventh circuit
No. 99-9073. Argued January 8, 2001--Decided March 20, 2001

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