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Ninth Circuit Announces that District Court Cannot Sua Sponte Raise Waiver as Ground to Dismiss Motion for Sentence Reduction

Loaded on Sept. 17, 2019 by Douglas Ankney published in Criminal Legal News October, 2019, page 36
Filed under: Appeals, Sentencing. Location: United States of America.

by Douglas Ankney

In a case of first impression, the U.S. Court of Appeals for the Ninth Circuit announced that a district court cannot sua sponte raise a defendant’s waiver of the right to seek relief under 18 U.S.C. § 3582(c)(2) and deny the defendant’s motion for resentencing …

 

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More from this issue:

  1. News in Brief
  2. Killer’s Bold DNA-Based Defense to Get New Mexico Supreme Court Hearing, by Bill Barton
  3. Study: Brazen Cops Posting Racist, Vitriolic Comments on the Internet, by Edward Lyon
  4. Chicago PD Creating Files, Background Checks on Citizens Who Speak at Police Disciplinary Meetings, by Dale Chappell
  5. Kentucky Supreme Court Rules Parole Board’s Revocation Procedures Are Unconstitutional, by Douglas Ankney
  6. 7th Circuit Announces SORNA Requires Hybrid Approach in Comparing Underlying Conviction to Determine Tier Classification, by Anthony Accurso
  7. Tenth Circuit Vacates Special Condition of Supervised Release That Gave Probation Officers Discretion to Ban Computer and Internet Usage, by Douglas Ankney
  8. Arrest for Shouting ‘F—k You’ to Arkansas Trooper Violates First and Fourth Amendments Rights, Eighth Circuit Rules, by Michael Berk
  9. Michigan Will Pay $1.5 Million to Longest Serving Exonerated Prisoner, by Bill Barton
  10. MIX13 Reveals Potential Errors in DNA Testing, by Jayson Hawkins
  11. Ninth Circuit Announces that District Court Cannot Sua Sponte Raise Waiver as Ground to Dismiss Motion for Sentence Reduction, by Douglas Ankney
  12. First Circuit: Prosecutor Not Entitled to Absolute Immunity When Performing Purely Administrative Duty, by Anthony Accurso
  13. New North Dakota Law Arrests Cops’ Ability to Seize Property, by Douglas Ankney
  14. Black Drivers in Missouri 91 Percent More Likely to Be Stopped Than White Drivers, by Bill Barton
  15. Maryland Court of Appeals: Sentence Imposed on Remand That Is of Equal Maximum Length as Former Sentence but With Longer Term Before Parole Eligibility Is ‘More Severe’, by Douglas Ankney
  16. Delaware Supreme Court: Where Defendant Competent to Plead ‘Guilty but Mentally Ill,’ He May Revoke Plea Before It Is Accepted, by Anthony Accurso
  17. First Circuit Rules Appeal Waiver Does Not Relieve Counsel of Duty to Consult About an Appeal, by Dale Chappell
  18. Fifth Circuit Announces that Categorical Approach Applied to SORNA Doesn’t Permit Circustance-Specific Inquiry Into Offender/Victim Age Differential, by Douglas Ankney
  19. Seventh Circuit Announces That More Than Psychological Coercion Required to Trigger § 2B3.1(b)(4)(B) Sentencing Enhancement, Disapproving Prior Holdings to the Contrary, by Douglas Ankney
  20. New Hampshire Supreme Court: State’s Armed Career Criminal Statute Applies Only When Qualifying Convictions Arise From at Least 3 Separate Criminal Episodes, by Douglas Ankney
  21. U.S. District Court Holds Residual Clause of Federal Three-Strikes Law Unconstitutional, by Dale Chappell
  22. Genetic Testing Raises Privacy Concerns, by Bill Barton
  23. Michigan Supreme Court: Reaching Out Door of Home to Retrieve ID Inadequate to Surrender Fourth Amendment Rights, by David Reutter
  24. Tenth Circuit: No Absolute Immunity for Prosecutor Who Fabricated Evidence, by Douglas Ankney
  25. The Power of Sheriffs: An Explainer, by Jessica Brand
  26. Pitfalls of Using Risk Assessment Tools, by Jayson Hawkins
  27. Eleventh Circuit Holds Time on Appeal Counts When Considering If Sentence Was Imposed Under Residual Clause, by Dale Chappell
  28. Fourth Circuit Holds Appeal Waiver Does Not Preclude Retroactive ACCA Claim, by Anthony Accurso
  29. Third Circuit Rules Lower Courts Abused Discretion When They Failed to Conduct Evidentiary Hearing on Brady Claim and on Conflict of Interest Claim, by Douglas Ankney
  30. Whether State or Federal, Most Convictions Are Overwhelmingly Based on Guilty Pleas, by Edward Lyon
  31. Minnesota Supreme Court: Even With a Warrant, Forced Anoscopy Is Unreasonable Search, by Douglas Ankney
  32. 9th Circuit Finds IAC for Failure to Investigate Mitigating Factors During Penalty Phase of Capital Case, by Anthony Accurso
  33. Oregon Supreme Court Announces State Constitution Prohibits Cops From Digging Through Residents’ Trash Without a Warrant, by Mark Wilson
  34. SCOTUS Declares Portion of Federal Supervised Release Statute Unconstitutional, by Dale Chappell
  35. Tracking Phones: Google as a Dragnet for the Police, by Bill Barton
  36. Who Inflicts the Most Gun Violence in America? The U.S. Government and Its Police Forces, by John W. Whitehead
  37. Partial Justice, by Christopher Zoukis

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