Wednesday, April 19, 2006

Restitution Unaffected by Apprendi-Blakely-Ring-Booker

United States v. Reifler, Docket No. 03-1244 (L) (2d Cir. April 18, 2006) (Kearse, Jacobs, Calabresi): Guest Blogger wanted: Anyone wishing to throw in his or her 2 cents about this 164 page opinion should email me. I can't even make myself print it out, much less read it. (At least this week ...)

But sentencing fans can skip to page 104 of the opinion to see the Court reject, at long last, an Apprendi-Ring-Blakely-Booker challenge to the restitution order (which includes amounts not found by a jury or admitted by the defendant). The first two arguments proffered by the Court are plain bizarre -- non-sequiturs, really -- and the third is simply a repeat of the post-hoc rationale first invented in Fruchter (that the Apprendi rule does not apply to restitution because there is no "maximum" under the restitution statute).


Anonymous Anonymous said...

I predict the S. Ct. will reverse this result (though maybe not this case) in the near future.

I don't buy the court's "indeterminacy" argument at all: The MVRA is indeed "determinate;" it explicitly limits restitution to the amount of the victim's loss. No loss = no restitution. See the main dissent in the 3d Circ.'s Leahy opinion for this point.

Second, there is a useful thought experiment that I think disproves correctness of the Reifler holding: Suppose that the jury explicitly finds as a fact that the victim lost EXACTLY $25,000 and no more (assume there was a specific verdict form). Could the judge order restitution above $25,000? If your answer is no, then you must concede that Reifler is wrongly decided. If your answer is yes, then I don't think you're taking Booker/Apprendi very seriously or reading the MVRA very closely.

Would it really be that difficult for the government to ask the jury to find whether the victim lost "at least N-dollars?"

April 19, 2006 at 11:53 PM  
Blogger doron said...

here you can find Viagra the best solution for ED treatment ,
Viagra every 6 hours every day. Buy Viagra

yes or no Viagra

There are many online pharmacies were you can find

online and prices will be much cheaper
, Generic Viagra more over you can always Viagra On the street, Viagrafor money to
Buy Viagra Online is the best.viagra no prescription

In adition you can use Cheap Viagra you can buy Cheap Viagra online yes now you can buy Cheap Viagraor you can look forCialis for the same and some times Buy Cialis a longer lasting result!

Cialis in fact is similar to viagra in it’s affect.
Cialis is one of the most effective meal
Buy Cialis Online enhancement medications online ! Buy Cialis Online with most online pharmacies. Buy Phentermine Online it is a worldwide known drug Buy Phentermine Online
can be found on the web on numerous locations.
Buy Phentermine Online

More over yes now Buy Phentermine Online is known for it’s results
Xanax Online
is an anti anxiety medication Xanax is a short-acting drug
Buy Xanax is used to treat anxiety Buy Xanax online. best online pharmacy for you.

Vicodin Online narcotic analgesic product

Buy Vicodin relieve moderate to severe pain
Viagra Alternative You can find Buy Vicodin and
Buy Valium to treat anxiety disorders. Ultram on sale Ultram best price Ultram cheap pharmacy Ambien best price Cialis online today Cialis is known for it’s results Valium online sale Valium online sale Buy Valium
today Buy Xanax Online cheap prices Buy Xanax online today.

August 1, 2010 at 4:42 AM  
Blogger doron said...

Many pepole use Ambien Online Today.
viagra no prescription the popular insomnia relief,
viagra without prescription also no you can buy Cialis without prescription
yes it is true Cialis without prescription

is now available Viagra Online
Find the most competitive online Ambien
Online Pharmacies Ambien lowest prices Viagra is a semi-synthetic opioid Buy Phentermine Online naturally occurring opiates Buy Hydrocodone can be found online Hydrocodone is very effective !

Hydrocodone is an FDA approved medication.

Oxycodone narcotic pain-reliever.

Oxycodone Online for sensation of pain.

Oxycodone should be stored between 15 to 30 C
Buy Oxycodone relief of moderate to severe pain.
Oxycontin tablets is 5 to 30 mg every 4 hours. Buy Oxycontin
narcotic pain-relievers Oxycontin may lead to increased Levitra is formulated as orange Phentermine cross debossed on one side
Ambien only for you Ativan here also Oxycontin best price Adderall online sale Loeazepam for you Hydrocodone for pain Hydrocodone on sale today Buy Hydrocodone Online here. Buy Cialis online today Buy Phentermine Online big sale Buy Phentermine in UK pharmacy Buy Cialis cheapest prices Buy Valium today Hydrocodone Online pharmacy Adipex best offers Ambien online pharmacy Meridia best offer Buy Meridia trusted source Meridia online options Meridia best pharmacy Lorazepam best offer Alprazolam best choice accutane online here.

August 1, 2010 at 4:57 AM  
Blogger doron said...

In some cases Viagrais the best solution
Viagra Alternativemany people use
Buy xanax
and other try Xanax
you can Buy xanaxand also try to use
yes many pepole try
Buy Phentermine Online
and many others use
another drug you is
Cialis also called a hypnotic.
Cialis affects chemicals in your brain Buy Phentermine Online unbalanced and cause sleep problems
cialis that causes
cialis dose-related depression
is useful in treating anxiety
cialis and muscle spasms
cialis Brand name is
Phentermine A generic version
Percocet is a combination of
viagra is a Schedule
Buy Percocet to discuss what
Phentermine These would include
Percocet recreationally rather than
Buy Phentermine Online either an Addict
Valium yes this is the best website for
Valium here you can purchase
Valium online without prescription,
Valium from USA pharmacy
Valium for Anxity, or
Buy Phentermine Online on how best to deal
Phentermine No prescription specifically developed to allow Phentermine No prescription for office-based treatment Buy Ativan is in a group of drugs
Ativan is used to treat anxiety disorders.
Klonopin is in a group of drugs called benzodiazepines
Xanax online offers
Xanax online sale
Ambien best price
Ambien best choice Ativan also here Ativan No Prescription Klonopin best price Xenical best prices Ultram online pharmacy Ambien Online best price.

August 1, 2010 at 5:00 AM  
Blogger doron said...

affects chemicals Clonazepam is used to Klonopin if you Zolpidem prevents the Propecia use by men only Diazepam not be used cialis is pain reliever.
Cialis no prescription is the best.
viagra is used to viagra extended-release Phentermine withdrawal symptoms
Valium Can be found Buy Viagra online NO PRESCRIPION Generic Viagra it is best Buy Valium Online for Valium Online save you the hassle Buy Viagra Online a prescription over Valium Online can be found Buy Valium no prescription Buy Ambien for the short-term

Buy Levitra for the
Buy codeine narcotic pain-reliever .
codeine is morphine
codeine in the brain Acomplia new class Acomplia Cannabinoid-1 Phentermine Without Prescription online buy Xanax best prices Xanax worldwide delivery Xanax for the best Xanax at discount Xanax for anxity. Vicodin cheap prices Hydrocodone best solution Hydrocodone against pain Levitra online sale Tramadol online here Tramadol best prices Adipex online pharmacy Ambien right now
Ambien best prices Ambien best prices Buy Ambien Online discount pharmacy Buy Ambien save money Buy Adipex Online today Tramadol cheap online Vicodin online today Valium Online without prescription Cheap Cialis onlline today Cheap Cialis usa

August 1, 2010 at 5:07 AM  
Anonymous adobe acrobat x pro download said...

Good luck to you then!

November 9, 2011 at 4:35 PM  
Anonymous Merryl said...

Oh my god, there is a great deal of worthwhile data above!

September 8, 2012 at 3:29 PM  
Anonymous Anonymous said...

I after to congratulate Obama on his mastery!

November 13, 2012 at 5:46 AM  
Anonymous Anonymous said...

Alprazolam Overnight[url=] Alprazolam Overnight[/url]

November 26, 2012 at 6:00 AM  
Anonymous Anonymous said...

Buy Cialis Online [url=] cialis[/url]
cialis online[url=] cialis online[/url]

December 21, 2012 at 12:13 PM  
Anonymous Anonymous said...

<----- Opening Spinn
Generic Viagra[url=]Generic Viagra[/url]
Purchase Cialis[url=]Purchase Cialis[/url]
Cheap Cialis[url=]Cialis [/url]

December 21, 2012 at 12:29 PM  
Anonymous Anonymous said...

Cialis[url=] buy cialis [/url]
cialis[url=] buy cialis online [/url]

December 21, 2012 at 1:57 PM  
Anonymous Anonymous said...

Jupqparmk [url=]オークリー サングラス[/url] Blvkytqto Dnfyswfkg [url=]オークリー アウトレット[/url] Tlrugscwn Zllxrjbjk [url=]オークリー ゴルフ[/url] Hembyztsk Torzpoxfu [url=]オークリー メガネ[/url] Gssnmuaro Nxqwudrjb Bbemrjsal

December 23, 2012 at 11:28 AM  
Anonymous Anonymous said...

Buy Cialis Online Buy Cialis Online
Cialis Online Without Prescription Cialis Online Without Prescription

December 31, 2012 at 6:20 PM  
Anonymous Anonymous said...

Viagra Viagra
Generic CialisGeneric Cialis
viagra viagra
Viagra PriceViagra

January 1, 2013 at 7:47 PM  
Anonymous Anonymous said...

viagra, viagra,

viagra, viagra,

viagra, viagra,

viagra, viagra,

viagra, viagra,

January 3, 2013 at 3:05 PM  
Anonymous Anonymous said...

viagra, [url=;u=700604]viagra[/url],;u=700604

viagra, [url=]viagra[/url],

viagra, [url=]viagra[/url],

viagra, [url=]viagra[/url],

viagra, [url=]viagra[/url],

January 3, 2013 at 5:48 PM  
Anonymous Anonymous said...

Oxycontin [url=] Oxycontin No Prescription[/url]
Adderall [url=] Buy Adderall[/url]

February 4, 2013 at 4:27 PM  
Anonymous Anonymous said...

A proxy is a common term that is now utilized by numerous web end users. In English, proxy refers to a man or woman, who is licensed to act for some other individual. In easy words, the action necessary to be done by 1 individual can be done by another particular person without having revealing his id. The indicating of proxy varies with the context.

Proxy and [url= ]best private proxy scrapebox [/url] are two terms and conditions utilised by intermediate world wide web consumers. A proxy refers to a website, which can be employed to blocked information. In other words, with no any limitations, you can get access to any info over the world wide web with the use of proxy websites. These proxy websites are basically referred to as as proxies. Proxy server is an intermediate server, which handles data sharing between a customer and a server. Any data shared among the client and the server ought to move proxy servers. Proxy internet sites are created to fool proxy servers.

Virtually all places of work and educational institutions put in a proxy server, which acts as a firewall. World wide web link to numerous computer systems within the developing is offered only through the proxy server. Each piece of info, which passes through the proxy server, is logged. This way, the officers can management the web access of their subordinates or students. A firewall is mounted in a proxy server, which restricts accessibility to many sites. In most of the instances, several identified leisure and grownup websites are blocked by proxy servers.

Proxies are created to get entry to any site of the user's decision without having getting caught by the proxy server. When you use a proxy site, your identification is concealed and the internet site, which you want to obtain, is also hidden. These proxy web sites are permitted by proxy servers and you can get any details you desire. You can obtain a lot of blocked websites from your workplace or college using proxy web sites.

Proxy servers are employed to handle web access in the office. Aside from blocking sites, proxy servers are utilised to provide a secure and protected searching setting. All info passing by way of proxy servers can be analyzed just before they attain any terminal. This feature is used to block spy ware and other viruses from affecting a user's computer too. To increase network safety and access handle, proxy servers are utilized. When the community connects a enormous amount of personal computers, use of proxy servers gets vital to have a centralized accessibility to the world wide web.

A proxy hides your identification and allows you surf the net without revealing your IP handle. Proxies are now employed by numerous consumers, who wish to conceal their id and escape from invaders. Anonymous searching is now achievable with the use of proxies. Proxies for social networking websites are now located all above the web due to the fact people want to use social networking websites when they are at function. Although the topic of employing proxy to overrule access control is a questionable position, you can use these proxies as lengthy as your proxy server identifies and blocks proxies.

March 2, 2013 at 6:01 AM  
Anonymous Anonymous said...

&&& Viagra Online Without Prescription %%% [url=]Viagra Online Without Prescription[/url] 778856 ((()0
Cialis &&&& [url=]Cialis[/url] %%% (()) Viagra **&& [url=]Viagra[/url] %%%
(()) Viagra **** [url=]Viagra[/url] %%%
$$%% Cialis Online (()) [url=]Cialis Online[/url] +++

March 10, 2013 at 3:10 PM  
Anonymous Anonymous said...

&&& Viagra Online Without Prescription %%% [url=]Viagra Online Without Prescription[/url] 778856 ((()0
Cialis &&&& [url=]Cialis[/url] %%% (()) Viagra **&& [url=]Viagra[/url] %%%
(()) Viagra **** [url=]Viagra[/url] %%%
$$%% Cialis Online (()) [url=]Cialis Online[/url] +++

March 10, 2013 at 4:02 PM  
Anonymous Anonymous said...

&&& Viagra Online Without Prescription %%% [url=]Viagra Online Without Prescription[/url] 778856 ((()0
Cialis &&&& [url=]Cialis[/url] %%% (()) Viagra **&& [url=]Viagra[/url] %%%
(()) viagra online without prescription **** [url=]viagra online without prescription[/url] %%%
$$%% Cialis Online (()) [url=]Cialis Online[/url] +++

March 13, 2013 at 10:12 PM  
Anonymous Anonymous said...

&&& Viagra Online Without Prescription %%% [url=]Viagra Online Without Prescription[/url] 778856 ((()0
Cialis &&&& [url=]Cialis[/url] %%% (()) Viagra **&& [url=]Viagra[/url] %%%
(()) viagra online without prescription **** [url=]Viagra[/url] %%%
$$%% Cialis Online (()) [url=]Cialis Online[/url] +++

March 22, 2013 at 9:11 AM  
Anonymous Anonymous said...

&&& Viagra Online Without Prescription %%% [url=]Viagra Online Without Prescription[/url] 778856 ((()0
Cialis &&&& [url=]Cialis[/url] %%% (()) Viagra **&& [url=]Viagra[/url] %%%
(()) viagra online without prescription **** [url=]Viagra[/url] %%%
$$%% Cialis Online (()) [url=]Cialis Online[/url] +++

March 22, 2013 at 10:32 AM  
Anonymous Anonymous said...

Buy Ativan[url=] Buy Ativan[/url]
Buy Ativan[url=]Ativan [/url]

April 4, 2013 at 9:57 PM  
Anonymous Anonymous said...

Buy Cialis [url=] cialis[/url]
viagra[url=] viagra[/url]
Cialis Without Prescription [url=] Cialis[/url]

April 8, 2013 at 6:01 PM  
Anonymous Anonymous said...

Buy Klonopin[url=] Buy Klonopin[/url]

April 19, 2013 at 2:02 PM  
Anonymous Anonymous said...

Cialis [url=] Cheap Cialis[/url]

Closeing Spinn ----->

April 25, 2013 at 11:25 AM  
Anonymous Anonymous said...

Define Batch Size: Select Environment Exctract: Clear! Enter Links Here, *** Without HTTP://WWW.***
Xrumer :: Full! viagra asd [url=] Buy viagra[/url] asda viagra asd [url=] viagra [/url] asda

May 14, 2013 at 7:02 PM  
Anonymous Anonymous said...


May 29, 2013 at 8:32 AM  

Post a Comment

<< Home