U.S. v. Hammoud
| Court | U.S. Court of Appeals — Fourth Circuit |
| Citation | U.S. v. Hammoud, 378 F.3d 426, 2004 WL 1730309 (4th Cir. 2004) |
| Decision Date | 02 August 2004 |
| Docket Number | No. 03-4253.,03-4253. |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Mohamad Youssef HAMMOUD, a/k/a Ali Albousaleh, a/k/a Ali Abousaleh, Defendant-Appellant, Center for Constitutional Rights; National Coalition to Protect Political Freedom; National Association of Criminal Defense Lawyers; National Lawyers Guild, Amici Supporting Appellant. |
ORDER
After oral argument was heard by a panel of judges, a majority of the judges in active service voted to hear this appeal en banc. The en banc court heard...
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28 cases
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U.S. v. Blick
...at 2550 (O'Connor, J., dissenting); id. at 2561 (Breyer, J., dissenting).2 Shortly after Blakely was decided, we convened en banc in United States v. Hammoud, to consider Blakely's impact. Following that hearing, we entered an order affirming the judgment and holding that Blakely did not op......
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Valentine v. U.S.
...violate the Sixth Amendment." 398 F.3d at 861 (citing United States v. Mincey, 380 F.3d 102 (2d Cir.2004), United States v. Hammoud, 378 F.3d 426 (4th Cir.2004) (en banc), and United States v. Pineiro, 377 F.3d 464 (5th Cir.2004)). The court went on to explain: Even those Circuits that have......
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U.S. v. Koch
...377 F.3d 464, 2004 WL 1543170 (5th Cir.2004), a majority of our en banc colleagues in the Fourth Circuit, see United States v. Hammoud, 378 F.3d 426 (4th Cir.2004), and some of our colleagues in the Seventh and Ninth Circuits, see United States v. Booker, 375 F.3d 508, 515 (7th Cir.2004) (E......
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Robinson v. U.S.
...of the petitioner's appeal, multiple circuits declined to extend the decision to federal sentencing. See United States v. Hammoud, 378 F.3d 426 (4th Cir.2004) (en banc); United States v. Mincey, 380 F.3d 102 (2d Cir.2004); United States v. Pineiro, 377 F.3d 464 (5th Cir.2004). Meanwhile, on......
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4 books & journal articles
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Role of the Federal Sentencing Guidelines in the Wake of U.s. v. Booker and U.s. v. Fanfan - Rosemary T. Cakmis
...that every enhancement factor under the U.S.S.G. be pleaded and proved to a jury beyond a reasonable doubt); United States v. Hammoud, 378 F.3d 426 (4th Cir. 2004) (ruling en banc, that district courts should continue sentencing defendants in accordance with the federal guidelines, but, pen......
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War everywhere: rights, national security law, and the law of armed conflict in the age of terror.
...11, at 63. (212) Id. (213) Hamdi v. Rumsfeld, 316 F.3d 450, 463 (4th Cir. 2003), vacated by 124 S. Ct. 2633 (2004), remanded to 378 F.3d 426 (4th Cir. 2004) (quoting Hamdi v. Rumsfeld, 296 F.3d 278, 281 (4th Cir. (214) Id. at 472 (quoting Hamdi, 296 F.3d at 283). (215) The Department of Def......
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A theory in search of a court, and itself: judicial minimalism at the Supreme Court bar.
...Warren, 120 Fed. Appx. 257 (10th Cir. 2005); United States v. Mincey, 380 F.3d 102 (2d Cir. 2004) (per curiam); United States v. Hammoud, 378 F.3d 426 (4th Cir. 2004) (en banc); United States v. Pineiro, 377 F.3d 464 (5th Cir. 2004); United States v. Koch, 383 F.3d 436 (6th Cir. 2004) (en b......
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Playing with post-Booker fire: the dangers of increased judicial discretion in federal white collar sentencing.
...at 4 (noting that "the entire federal guidelines scheme is on precarious constitutional ground"). (39.) See, e.g., United States v. Hammoud, 378 F.3d 426 (4th Cir. 2004) (recommending, pending a definitive ruling by the Supreme Court on the constitutionality of the federal sentencing guidel......