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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 and first-degree robbery. ...
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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:
- Former South Carolina Jailer Spared Prison After Testimony Fails to Convict Former Sheriff, Feb. 15, 2025. Guard Brutality/Beatings, U.S. Sentencing Guidelines, Sentences - Adjustments and Departures, Offense of Conviction.
- Eleventh Circuit: Asylee’s Florida Convictions for Marijuana Possession and Lewd and Lascivious Battery Do Not Warrant Removal Under INA, Feb. 1, 2025. Immigration, Enforcement of Immigration Laws, Marijuana Laws/Issues, Assault Weapons, Nationality/National Origin.
- The Murky Waters of Parole, Feb. 1, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Parole Liability, Probation, Parole & Supervised Release.
- Oregon Supreme Court: Governor Can’t Revoke Commutation After Sentence Expires, Jan. 15, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Resentencing, Revocation Proceedings, Overreaching.
- After Florida Appellate Court Holds Crimes of ‘Attempt’ Eligible for Incentive Gain Time, Supreme Court Refuses Review, Jan. 15, 2025. U.S. Sentencing Guidelines, Conspiracies, Attempts, Solicitations, Attempts/Incomplete Acts, Credits, Sentences - Adjustments and Departures.
- Seventh Circuit Announces Maximum Revocation Sentence for Violation of Supervised Release Based on Classification of Underlying Offense at Time of Conviction, Not at Time of Revocation, Dec. 15, 2024. U.S. Sentencing Guidelines, Revocation Proceedings.
- California Supreme Court Announces Retroactivity of 2022 Version of Penal Code § 1170 to Upper-Term Sentences Imposed Before Its Enactment, Dec. 15, 2024. Retroactivity, U.S. Sentencing Guidelines.
- First Circuit Holds Government Breached Plea Agreement by Implicitly Arguing for Upward Variant Sentence by Including Pictures and Video of Defendant That Allegedly Depict His Criminal Tendencies in Sentencing Memo, Dec. 15, 2024. U.S. Sentencing Guidelines, Grounds for Variance, 18 U.S.C. § 3582(c)(2), Plea Agreements/Guilty Pleas, Grounds.
- Fifth Circuit Judges Battle in Louisiana Over-Detention Cases, Dec. 15, 2024. U.S. Sentencing Guidelines, Overdetention, Credits.
- California Supreme Court Announces Uncharged and Unproven Offense-Specific Enhancements May Not Be Imposed Under § 1172.6(e) Resentencing, Dec. 1, 2024. U.S. Sentencing Guidelines, Resentencing, Sentence Enhancements/Departures.
