Contesting Sentencing Guidelines, the Patriot Act, Terrorism, and Cases Involving International Questions
Contesting Sentencing Guidelines, the Patriot Act, Terrorism, and Cases Involving International Questions
This chapter deals with contesting the sentencing guidelines regime put in place decades earlier. The chapter begins with newly appointed Gregory Presnell’s questioning of the 1984 guidelines as established in 1984. The chapter analyses Presnell’s decisions while also examining the disparities of sentencing guideline for those convicted of possession of crack versus powder cocaine. The chapter then turns to the increasing unpopularity of the Patriot Act, and challenges of the act in the Middle District. U.S. Attorney Paul I. Perez’s defence of the act is discussed. The chapter then turns the prosecution of one of the the Middle District’s most controversial defendants: University of South Florida engineering professor Sami Al-Arian, who was accused of funding and supporting terrorist acts while a professor. Several cases are included. A number of prosecutions of persons employing immigrant laborers in inhumane conditions are included. The cases of other foreign nationals charged with doing illegal business in the district are covered. Among these are cases involving illegal arms sales, international drug smuggling, money laundering, illegal importation of exotic animals, the illegal entry of war criminals into the U.S., and disputes involving conflicting international claims of treasure salvors.
Keywords: Sentencing Reform Act, 1984, United States v. Booker (2005), United States v. Hamilton (2006), Sentencing guidelines, Fair Sentencing Act (2010), Patriot Act, Sami Al-Arian, Palestinian Islamic Jihad, Trafficking in Victims Protection Act (2000), Migrant and Seasonal Agricultural Worker Protection Act
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