Latest Case: United States v. Bruno-Campos (Criminal Law)

The Fate of American Democracy May Depend on the Willingness of Democratic Governors to Fight Fiercely after the November 3 Election

AUSTIN SARAT, DANIEL B. EDELMAN

In anticipation of a contested election outcome in November, Amherst College Associate Provost Professor Austin Sarat and attorney Daniel B. Edelman call upon Democratic governors to forward a slate of electors that reflects the preference of the greatest number of voters in their states, regardless of what their legislatures might do. Sarat and Edelman argue that the fate of American democracy may depend on these governors.

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United States v. Bruno-Campos

Docket: 18-2010

Opinion Date: October 22, 2020

Judge: Selya

Areas of Law: Criminal Law

The First Circuit affirmed the judgment of the district court sentencing Defendant to an upwardly variant sixty-month term of immurement for illegal possession of a machine gun, holding that Defendant's sentence was neither procedurally nor substantively unreasonable. Specifically, the First Circuit held (1) the sentencing court specifically articulated why it believed that Defendant's situation was sufficiently distinctive to warrant a variance; (2) Defendant was not prejudiced when the prosecutor made a gratuitous conjecture without basis in the record; and (3) the relatively modest variance as well within the ambit of the court's discretion.