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Sentence Vacated Due to Improper Enhancement Under Sentencing Guidelines
Loaded on Dec. 19, 2017
by Christopher Zoukis
published in Criminal Legal News
January, 2018, page 16
by Christopher Zoukis
The United States Court of Appeals for the Second Circuit vacated an improperly enhanced sentence of 46 months for illegal reentry after deportation.
In 2009, Roman Bartolo Genao, a national of the Dominican Republic, was convicted in New York state court of first-degree burglary …
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More from this issue:
- Faulty Forensics and Lab Scandals Highlight Urgent Need for Enforceable Scientific Standards, by Matthew Clarke
- Criminal Cops: Tracking Crimes Committed by Police Officers, by Christopher Zoukis
- Prosecutors in New Orleans Prosecute Public Defenders for Doing Their Job, by Matthew Clarke
- Seventh Circuit: No Federal Court Jurisdiction to Resolve State Executive and Legislative Branch Disputes, by Mark Wilson
- Eighth Circuit Reverses Summary Judgment on Ferguson Protestor’s Excessive Force Claim, by Mark Wilson
- Ninth Circuit Suppresses Gang Affiliation Evidence Obtained Without Miranda Warnings, by Mark Wilson
- Mississippi Supreme Court Upholds Lawyer’s Contempt Sanction for “Improper” Argument, by Mark Wilson
- Trump Administration Kills Obama’s Forensic Evidence Reliability Reform Efforts, by Mark Wilson
- Georgia Supreme Court Grants New Trial After Trial Transcript Lost, by Christopher Zoukis
- New California Law Safeguards Minors’ Rights When in Police Custody
- $450,000 Settlement to Whistleblower in Case of Framing, by David Reutter
- What Do You Get for Kicking Handcuffed Suspects? Promoted and $130,000 Annual Pension for Life, by Derek Gilna
- Idaho Supreme Court Reinstates Class Action Against the State Alleging Inadequate Public Defense System, by Mark Wilson
- Suffolk County District Attorney and Aide Indicted for Beating and Coverup, by Derek Gilna
- Baltimore Police Department’s Misconduct Scandals Result in Hundreds of Dismissals and Indictment of Eight Officers, by Derek Gilna
- Oregon Supreme Court Announces Default Rule When Plea Agreement Silent About Reprosecution Upon Subsequent Death of Victim, by Mark Wilson
- New York Becomes First State to Require Trial Judges to Remind Prosecutors of Their Brady Obligations During All Criminal Trials, by Christopher Zoukis
- DOJ Ends Unconstitutional Investigative Holds by Louisiana Police, by David Reutter
- Idaho Supreme Court: Officer Must Intend to Arrest Before Conducting a Search Incident to Arrest, by Christopher Zoukis
- In Case of First Impression, Louisiana Supreme Court Holds Public Records Restriction Inapplicable to Defense Attorney’s Request for Client’s Files and Awards Fees, by Mark Wilson
- Tennessee Supreme Court Clarifies Split Confinement Sentence Procedures, by David Reutter
- Sentence Vacated Due to Improper Enhancement Under Sentencing Guidelines, by Christopher Zoukis
- Texas Attorney General Rules Civilly Committed Sex Offenders Entitled to Vote by Mail Ballot, by Matthew Clarke
- U.S. Supreme Court Rejects Habeas Relief Citing AEDPA Deference, by Brandon Sample
- New York City Quietly Assembling Massive Unregulated DNA Database, by Derek Gilna
- Supreme Court Holds Texas May Not Use Outdated Standards to Determine Intellectual Disability in Death Penalty Cases, by Matthew Clarke
- Ninth Circuit Reverses Summary Judgment on Unreasonable Seizure Claim, by Mark Wilson
- Ninth Circuit: Discovery Rule Applies to Judicial Deception Claims, by Mark Wilson
- From the Editor, by Richard Resch
- U.S. Supreme Court Decision Temporarily Throws Florida’s Death Machine Into Disarray and Prompts Change to State’s Death Penalty, by David Reutter
- News in Brief
More from Christopher Zoukis:
- The Contraband Wars Prison authorities target books and mail, miss the goods coming through the staff door, July 1, 2021
- Trump v. Biden on Criminal Justice, Oct. 1, 2020
- Coronavirus in Prison: The Cruel Reality, Aug. 1, 2020
- With Lives of Immigrant Detainees at Risk to COVID-19, Federal Judge Forces ICE’s Hand, July 1, 2020
- A Nation on the Brink, June 15, 2020
- Federal Court Slams Michigan Jail for Bungling COVID-19 Pandemic, Demands Names of Vulnerable Prisoners for Release, June 1, 2020
- Silence: The Bureau of Prisons’ Pathetic Response to the COVID-19 Pandemic, June 1, 2020
- New York Judge Orders Release of 18 Rikers Island Detainees Due to COVID-19 Risk, June 1, 2020
- Coronavirus: A Nationwide Survey of the Push for Early Release as Pandemic Fears Grow, May 1, 2020
- California Three-Judge Court Denies Emergency Motion to Reduce Prison Population During Pandemic, May 1, 2020
More from these topics:
- Indiana Supreme Court Announces Whether Defendant’s Actions Were “Objectively Reasonable” Justifying Self-Defense Can Be Considered in Hindsight, Sept. 15, 2025. U.S. Sentencing Guidelines, Criminal Procedure, Appealable Issues/Orders.
- Trump’s “Big Beautiful Bill” Gave Massive Handouts to ICE and Private Prison Industry, Aug. 1, 2025. Corrections Corporation of America/CoreCivic, GEO Group/Wackenhut, Immigration.
- Shady Firm Awarded $78 Million Contract for Services at Florida’s “Alligator Alcatraz”, Aug. 1, 2025. Private Prisons, Environmental Law, Immigration.
- News in Brief, Aug. 1, 2025. Assault by Police, Misconduct/Corruption, Guard Misconduct, Police Misconduct, Stun Guns/Tasers, Immigration, False Arrest, Evidence - Integrity/Reliability of.
- U.S. Sentencing Commission Adopts 2025 Amendments to Resolve Circuit Conflicts, Aug. 1, 2025. U.S. Sentencing Guidelines, Criminal History, Arrest/Arraignment, Sentence Enhancements/Departures.
- Summary of the 2025 Drug Offenses Amendment by the U.S. Sentencing Commission, Aug. 1, 2025. U.S. Sentencing Guidelines, Methamphetamine, Drug Mule, Machine Guns, Safety Valve.
- Third Circuit Rejects U.S. Sentencing Commission Amended Compassionate Release Policy, July 15, 2025. U.S. Sentencing Guidelines, Compassionate Release.
- Wisconsin Robbery Suspect Frames Immigrant Detainee with Forged Letters Threatening to Kill Trump, July 15, 2025. Immigration, Fraud and Deceit.
- Massachusetts High Schooler Detained by ICE Caught in “Collateral Arrest”, July 15, 2025. Arrest and Booking, Immigration, Arrest Warrants.
- DHS Removed Sanctuary Cities List After Complaint from Sheriff’s Association, July 15, 2025. Immigration, Enforcement of Immigration Laws, Asylum.
