OnTheIssues.org
Home Issues Candidates Recent Grid Archive Senate VoteMatch_Quiz
 Notebooks:   |   Bill   Sponsorships   Policy   Reports   Memberships/   Affiliations   Group   Ratings   Court   Rulings   Congressional   Surveys 
       

Bill Sponsorships
Policy Reports
Memberships / Affiliations
Group Ratings
Court Rulings
Senate Surveys


Bill Sponsorships:
Congressional bills 2011-2012
Congressional bills 2009-2010
2008 Presidential Contenders' bills
Congressional bills 1998-2008
2010 Senate signature bills
2008 Senate signature bills
2008 Presidential signature bills
Pres. Barack Obama's Senate signature bills
V.P. Joe Biden's Senate signature bills
Rep. Ron Paul's House signature bills
Sen. John McCain's Senate signature bills
Sen. Hillary Clinton's Senate signature bills


Memberships:
Congressional memberships 2012
Congressional memberships 2001-2011
112th Congress Committees
Congressional Caucuses
Congressional Group Ratings


Surveys:
Surveys: Collection of all surveys in one summary.
2012 Project Vote Smart
2012 Christian Coalition voter guide
2010 Christian Coalition voter guide
2010 Faith2Action.org voter guide
2010 Project Vote Smart
Contract From America
Contract With America


Reports & Letters:
Governmental Reports
Resolutions
Resolutions 2011
Letters
Letters 2011
Supreme Court Rulings
Supreme Court 2011:


Grids:
2008 Presidential
2004 Presidential
2000 Presidential
2008 Issues
2004 Issues
2000 Issues


Senate Votes:
2008-2011
Through 2011
Through 2009
Through 2007
Through 2003
1994-1999


House Votes:
2008-2011
Through 2011
1994-2004
1999-2003


  

    This page contains Supreme Court rulings -- with summaries of the majority and minority conclusions.

11-FREEMAN on Feb 23, 2011

Decided Jun 23, 2011
Case Ruling: FREEMAN v. UNITED STATES
The defendant entered into an agreement with the prosecution to plead guilty to crack cocaine possession. Following this plea, the sentencing guidelines federal judges must consider when they impose prison terms were retroactively revised to lower the prison time required in crimes involving cocaine base [crack cocaine], which were higher than those for powder cocaine. The law permitted defendants who were sentenced based upon the old guideline to seek the lower prison sentence if the guideline was revised downward.

HELD: Delivered by KENNEDY, joined by GINSBURG, BREYER & KAGAN

The Court must determine whether this defendant may take advantage of the lowering of the sentencing guidelines for the [crack cocaine] offense he was sentenced for. Even though this defendant was sentenced in accordance with an agreement, the Court finds that district court judges have a duty to consider the sentencing guidelines at all times, includinwg when deciding whether to accept a guilty plea that is contingent upon one of these agreements. Since the guidelines are the starting point for all sentencing decisions, even a defendant who agrees to a sentence may seek to have his sentence revised after a guidelines change.

CONCURRED: SOTOMAYOR concurs in the judgment

A sentence under one of these agreements is based upon the agreement itself, not on the judge's calculation of the guidelines. However, the agreement in this case expressly used the guidelines sentencing range to establish the term of imprisonment. When an agreement uses the guidelines, a defendant may seek reduction of his prison term based upon a guideline revision.

DISSENT: ROBERTS dissents; joined by SCALIA, THOMAS & ALITO

A sentence based upon an agreement is based upon the agreement alone, whether or not the sentencing guidelines were considered, and a defendant so sentenced should not be allowed the opportunity for a sentencing revision when the guidelines are changed.


    Participating counts on VoteMatch question 19. Question 19: Never legalize marijuana Scores: -2=Strongly oppose; -1=Oppose; 0=neutral; 1=Support; 2=Strongly support.
  • Topic: Drugs
  • Headline: Sentencing rules change allows crack sentence reductions (Score: -1)
  • Headline 2: Reduce crack sentences to follow powder-vs.-crack changes (Score: -2)
  • Headline 3: Sentences should stand despite crack-vs.-powder rule change (Score: 1)

  • Key for participation codes:
  • Sponsorships: p=sponsored; o=co-sponsored; s=signed
  • Memberships: c=chair; m=member; e=endorsed; f=profiled; s=scored
  • Resolutions: i=introduced; w=wrote; a=adopted
  • Cases: w=wrote; j=joined; d=dissented; c=concurred
  • Surveys: '+' supports; '-' opposes.



Democrats participating in 11-FREEMAN

Stephen Breyer j1US Democratic Appointee to Supreme Court 
Ruth Bader Ginsburg j1US Democratic Appointee to Supreme Court 
Elena Kagan j1US Democratic Appointee to Supreme Court 
Sonia Sotomayor w2cUS Democratic Appointee to Supreme Court 



Republicans participating in 11-FREEMAN

Samuel Alito j3dUS Republican Appointee to Supreme Court 
Anthony Kennedy w1US Republican Appointee to Supreme Court 
John Roberts w3dUS Republican Appointee to Supreme Court 
Antonin Scalia j3dUS Republican Appointee to Supreme Court 
Clarence Thomas j3dUS Republican Appointee to Supreme Court 



Independents participating in 11-FREEMAN



Total recorded by OnTheIssues:

Democrats: 4
Republicans: 5
Independents: 0


















Reproduction of material from any OnTheIssues.org pages without written permission is prohibited.
Copyright © 1999-2012 OnTheIssues.org & the SpeakOut Foundation, all rights reserved.
OnTheIssues.org 1770 Massachusetts Ave. #630, Cambridge MA 02140
E-mail us at:submit at OnTheIssues.org
| Advertising information | About Us
  Newsletter     Signup  
Email:
  
Zip:
    
Or click for More Info.