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Ninth Circuit: Federal Sentencing Court Must Hear Defendant Before Determining If Acceptance of Responsibility Reduction Applies

Loaded on Nov. 18, 2019 by David Reutter published in Criminal Legal News December, 2019, page 35
Filed under: Sentencing. Location: United States of America.

by David Reutter

The U.S. Court of Appeals for the Ninth Circuit held that a “sentencing court erred by concluding that it could not first hear from the defendant before determining whether a reduction for acceptance of responsibility was warranted under the Sentencing Guidelines.” The Court concluded the misapprehension of ...

 

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  1. News in Brief
  2. $750,000 Settlement for St. Louis County Cops Shooting Dog, by Jayson Hawkins
  3. The Two-Edged Sword of DNA Exonerates Another Prisoner, by Edward Lyon
  4. National Fingerprint Database Frees Man After 36 Years, by Jayson Hawkins
  5. Free Speech Is Sometimes Expensive, by Edward Lyon
  6. New York City Cops Can Always Tell by Just the Smell, by Edward Lyon
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  8. Payouts for Police Misconduct Claims Rise While Number of Claims Appear to Fall, by Douglas Ankney
  9. Michigan Supreme Court Reverses Criminal Sexual Conduct Convictions in Two Consolidated Cases Due to Improperly Admitted Expert Testimony, by Douglas Ankney
  10. High Bail Amounts Lead to Sharp Increase in Franklin, PA, Jail Population, by Dale Chappell
  11. New Law Makes It Harder for California’s Cops to Get Away with Killing People, by Douglas Ankney
  12. Not Guilty but Punished Anyway, by Douglas Ankney
  13. Maryland Court of Appeals Announces Circuit Court Retains Authority to Exercise Its Revisory Power for Up to Five Years After Granting Belated Postconviction Motion, by Douglas Ankney
  14. Indiana Supreme Court: Postconviction Petition Addressing Only Issues From New Trial, New Sentencing, or New Appeal From Federal Court via Habeas Proceedings Is Not a Second Petition Under State Law, by Douglas Ankney
  15. Ninth Circuit: Federal Sentencing Court Must Hear Defendant Before Determining If Acceptance of Responsibility Reduction Applies, by David Reutter
  16. Sixth Circuit Grants § 2254 Habeas Relief in Unusual Case of Attorney Failing to Initiate Plea Negotiations, by Douglas Ankney
  17. Law Professor Peeks at Prosecutor’s Veiled DNA Database, by Douglas Ankney
  18. Fifth Circuit: Practices of Orleans Parish Judges in Collecting Fines and Fees Violates Due Process, by Douglas Ankney
  19. Seventh Circuit Vacates Conviction and Remands for a Franks Hearing, by Douglas Ankney
  20. California Supreme Court Holds Discovery Statute Requiring ‘Good Cause’ Not Applicable When Evidence Held by Court, by Dale Chappell
  21. Minnesota Supreme Court Announces Heightened Pleading Standard for Birchfield/Johnson Claims Raised in Collateral Postconviction Proceedings, by Douglas Ankney
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  27. In Landmark Opinion, Colorado Supreme Court Announces Courts May Not Sentence Defendant to Both Prison and Probation in Multi-Count Cases, by Richard Resch
  28. 9th Circuit: Sentence Under 18 U.S.C. § 3583(k) Violated Ex Post Facto Clause When Underlying Offense Was Committed in 2005, by Douglas Ankney
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