Opinion

United States v. Calvin Matchett

  • 837 F.3d 1118
  • 2016 WL 4757211
Court
Court of Appeals for the Eleventh Circuit
Filed
Sep 13, 2016
Status
Published
On the bench
Carnes, Tjoflat, Hull, Marcus, Wilson, Pryor, Martin, Jordan, Rosenbaum
Nature of suit
ORD
Cited by
13 cases
Authority
More cited than 72.6%

“[T]he vagueness doctrine applies only to laws that regulate the primary conduct of private sentences. Advisory sentencing guidelines regulate judges, not private individuals; they guide judicial discretion within a statutory range. Advisory sentencing guidelines do not define crimes or fix punishments.”

How later courts described this case

  • “[T]he vagueness doctrine applies only to laws that regulate the primary conduct of private sentences. Advisory sentencing guidelines regulate judges, not private individuals; they guide judicial discretion within a statutory range. Advisory sentencing guidelines do not define crimes or fix punishments.”
  • acknowledging that "one of the main concerns behind arbitrary enforcement is the separation of powers"
  • “the vagueness doctrine applies only to laws that regulate private conduct” including laws that define crimes, fix sentences, restrict speech, and regulate businesses
  • J. Wilson, joined by J. Jill Pryor, dissenting from denial of rehearing en banc

Written by the judges who cited it.

The opinion

BY THE COURT:

A petition for rehearing having been filed and a member of this Court in active service having requested a poll on whether this case should be reheard by the Court sitting en banc, and a majority of the judges in active service on this Court having voted against granting a rehearing en banc, it is ORDERED that this case will not be reheard en banc.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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