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U.S. Supreme Court, October 14, 2008 Moore v. U.S., No. 07-10689 Sentence for possession of cocaine base with intent to distribute is reversed and the case remanded where the district court’s statements during sentencing showed that it did not think it had the discretion, which was later upheld by the Supreme Court in Kimbrough v. U.S., to reject the Guidelines’ crack-to-powder cocaine sentencing ratio. .
U.S. 2nd Circuit Court of Appeals, October 14, 2008 In re Vincent Basciano, No. 082157 Writ of mandamus seeking judge’s recusal based on government-furnished evidence suggesting that petitioner had plotted to have judge murdered, is denied where petitioner did not “clearly and indisputably” demonstrate that the district court abused its discretion. .