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The Guidelines are the product of the United States Sentencing Commission, which was created by the Sentencing Reform Act of 1984. [3] The Guidelines' primary goal was to alleviate sentencing disparities that research had indicated were prevalent in the existing sentencing system, and the guidelines reform was specifically intended to provide for determinate sentencing.
The Commission requires a quorum of at least four voting members in order to promulgate amendments to the Sentencing Guidelines. [4] The Commission lacked full membership from 2014 to 2022. [5] On August 4, 2022, the Senate confirmed President Biden's seven nominees to the Commission; all the confirmed members were sworn in the next day. [6]
Kentucky is the only state without provision on what happens if the penalty phase of the trial results in a hung jury. Thus, the Kentucky Supreme Court ruled that in cases that end with a hung jury, the judge must order a penalty retrial, applying the common law rule for mistrial. [2]
The exception to this rule occurs when the court determines that such use would violate the ex post facto clause of the Constitution – in other words, if the sentencing guidelines have changed so as to increase the penalty "after the fact", so that the sentence is more severe on the sentencing date than was established on the date that the ...
The federal courthouse at Covington, Kentucky. The United States District Court for the District of Kentucky was one of the original 13 courts established by the Judiciary Act of 1789, 1 Stat. 73, on September 24, 1789. [1] [2] At the time, Kentucky was not yet a state, but was within the territory of the state of Virginia. The District was ...
A convicted criminal pardoned by Kentucky’s former governor for killing a man during a 2014 drug deal will return to prison to serve a 42-year federal sentence for the same slaying.
(The Center Square) – A federal appeals court ruled in Kentucky’s favor, saying the U.S. Environmental Protection Agency did not abide by established law in reviewing and rejecting the state ...
A former prosecutor in eastern Kentucky accused of doing favors for criminal defendants in return for methamphetamine and sexual favors pleaded guilty Friday to a federal charge. Scott Blair, 51 ...