Denial of due process and presentation report

Question 3 and pre

  1. Blakely v. Washington


    Nichols v. United States


    Mistretta v. United States


    United States v. Cotton


    Apprendi v. New Jersey


    Harris v. U.S.


    Cunningham v. California


    United States v. Booker


    Williams v. Oklahoma


    Morrisey v. Brewer



    Ruled that unless disclosure is required by state law or court decisions, there is no denial of due process of law when a court considers the presentence report (PSR) without disclosing its contents to the defendant and giving the opportunity for rebuttal.



    Resulted in the sentencing law was changed to require aggravating circumstances that might lead to sentencing enhancements be proved to a jury.



    Resulted in the Supreme Court concluding that a fact increasing the mandatory minimum, but not extending the sentence beyond the statutory maximum, need not be alleged in the indictment, submitted to the jury, or proved beyond a reasonable doubt.



    Resulted in a combined decision with another case stating that federal judges must take guidelines into account when sentencing, but are not required to impose a sentence within the range prescribed by the guidelines.



    Resulted in Californias determining sentencing law violated a defendants right to trial by jury as it placed sentence-elevating fact finding within the province of the judges.



    Resulted in, an uncounseled misdemeanor conviction being valid to enhance punishment for a subsequent conviction.



    Resulted in sentences imposed by a federal judge were not improper even though the judge based the sentences on estimated quantities, not actual quantities, and concluded the defendants were involved in a vast drug conspiracy



    Ruled that Congress had acted properly in delegating authority to the U.S. Sentencing Commission in the creation of sentencing guidelines.



    Resulted in the Supreme Court limiting the of state judges in sentencing decisions.



    Ruled that probation cannot be revoked without following the seven elements of due process.

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