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Rita Vs. United States
Cites for this judgment
- US Supreme Court
- Jun 21, 2007
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Rita v. UnitedSearch
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States - 06-5754 (2007) Syllabus October Term, 2006 Rita V. UnitedSearch
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part and concurring in the judgment, in which Thomas, J., joined. Souter, J., filed a dissenting opinion. Rita v. UnitedSearch
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States - 06-5754 (2007) Opinion of the Court Rita V. UnitedSearch
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Brief any citation in this list with AI Studio
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Supreme Court of the United States No. 06-5754 Victor a. Rita, Petitioner V. UnitedSearch
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See, e.g. , United States v. BookerSearch
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are split as to the use of a presumption of reasonableness for within-Guidelines sentences. Compare United States v. DorcelySearch
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United States v. GreenSearch
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United States v. AlonzoSearch
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United States v. WilliamsSearch
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United States v. MykytiukSearch
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United States v. LincolnSearch
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and United States v. KristlSearch
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CA10 2006) (per curiam) (same), with United States v. Jimenez-BeltreSearch
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F. 3d 514, 518 (CA1 2006) (en banc) (does not use presumption), United States v. FernandezSearch
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and United States v. TalleySearch
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other, shoulder a particular burden of persuasion or proof lest they lose their case. C.f., e.g. , Raytheon Co. v. HernandezSearch
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n. 3 (2003) (citing Reeves v. SandersonSearch
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Plumbing Products, Inc. , 530 U. S. 133 , 143 (2000), and McDonnell Douglas Corp. v. GreenSearch
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Mistretta v. UnitedSearch
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see also Burns v. UnitedSearch
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s factual findings or recommended sentences. See Cunningham v. CaliforniaSearch
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and Apprendi v. NewSearch
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Several courts of appeals have also rejected a presumption of unreasonableness. See, e.g. , United States v. HowardSearch
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United States v. MathenySearch
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an outside-Guidelines sentence varies in proportion to the degree of the variance. See, e.g. , United States v. SmithSearch
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United States v. ArmendarizSearch
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United States v. DavisSearch
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United States v. DeanSearch
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United States v. DaltonSearch
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United States v. CrispSearch
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CA11 2006). We will consider that approach next Term in United States v. GallSearch
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and has a reasoned basis for exercising his own legal decisionmaking authority. See, e.g. , United States v. TaylorSearch
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For the foregoing reasons, the judgment of the Court of Appeals is Affirmed. Rita v. UnitedSearch
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States - 06-5754 (2007) Stevens, J., Concurring Rita V. UnitedSearch
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s remedial opinion in United States v. BookerSearch
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law. Prior to 2003, appellate courts reviewed sentencing departures for abuse of discretion under our decision in Koon v. UnitedSearch
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Cooter & Gell v. HartmarxSearch
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than an appellate judge to decide the issue. Id . , at 560 (quoting Miller v. FentonSearch
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