Is there any abuse of instructions in the formulation of sentencing instructions?
MultiRegion, United States of America
The following excerpt is from U.S. v. DeLaneuville, 972 F.2d 1344 (9th Cir. 1992):
The trial judge has discretion in the formulation of instructions, United States v. Linn, 880 F.2d 209, 217 (9th Cir.1989), and we find no abuse of discretion here. The point of the instruction, that the jury is to concern itself with whether the defendant is guilty and not with what his punishment may be, remains correct. Although the sentencing guidelines have reduced the court's sentencing discretion, they have not transferred the sentencing decision from the judge to the jury.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is the district court's formulation of jury instructions for an abuse of the instructions for the abuse of abuse of power a sufficient or inadequate statement to guide deliberations? (MultiRegion, United States of America)
What is the test for "abuse of discretion" in sentencing sentencing sentences? (MultiRegion, United States of America)
If a minor was a minor at the time of the sexual abuse, what is the impact of Section 2G2.2 of the Child Abuse Guideline on the sentence of a convicted child abuser? (MultiRegion, United States of America)
Is a federal district court's formulation of jury instructions for abuse of abuse of power a matter of law? (MultiRegion, United States of America)
Does the sentencing packaging doctrine apply to a case where both a new sentence and a revocation sentence were imposed at the conclusion of a single sentencing proceeding? (MultiRegion, United States of America)
What is the burden of appealing against a sentencing judge's sentencing in a case where the sentencing judge referred to a prior error in sentencing? (MultiRegion, United States of America)
Is a federal district court's "formulation of the instructions and choice of language" for abuse of discretion for the purposes of determining jury instructions? (MultiRegion, United States of America)
Can a sentencing court impose a restitutionary sentence on a defendant who is indigent at the time of sentencing? (MultiRegion, United States of America)
What is the proper standard of review for denying a motion to reopen on the grounds of abuse, abuse and abuse of review? (MultiRegion, United States of America)
What is the current state of the law on whether a state conviction "relates" to aggravated sexual abuse sexual abuse, or abusive sexual conduct involving a minor or ward? (MultiRegion, United States of America)
