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Second Circuit Announces Categorical Approach Applies to State Convictions for Sentencing Enhancement Determination Under 21 U.S.C. § 841(b)(1)(B)
by Matt Clarke
On June 8, 2020, the U.S. Court of Appeals for the Second Circuit announced that federal courts are directed to use the categorical approach “to identify felony drug offenses for sentencing enhancement purposes …,” rather than a circumstance-specific analysis, and vacated a drug defendant’s sentence and remanded ...
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More from this issue:
- State Violence, Legitimacy, and the Path to True Public Safety, by David M. Kennedy
- Floyd’s Family Might End Up Helping Pay Chauvin’s Retirement Benefits, by Kevin Bliss
- How the Courts Are Using Compassionate Release to Fix Unfair Sentences, by Dale Chappell
- Seventh Circuit: ‘Especially Compelling Justification’ Required for Same Maximum Sentence on Resentencing, by Dale Chappell
- Seventh Circuit: Admissions to Pretrial Services Cannot Be Used to Prove Guilt, by Dale Chappell
- The Warrior Cop Mindset, by Edward Lyon
- SCOTUS: Counsel’s Failure to Uncover and Present Evidence in Mitigation at Capital Sentencing Requires Remand for Prejudice Determination, by Douglas Ankney
- Indiana Supreme Court: Forcing Defendant to Unlock Smartphone Violates Fifth Amendment Right Against Self-Incrimination, by Douglas Ankney
- California Supreme Court: ‘Honest and Upright Life’ Possible While in Custody for Expungement Purposes, by Anthony Accurso
- Seventh Circuit Explains ‘Conduct That is Part of Common Scheme or Plan’ for Sentencing Purposes, by Douglas Ankney
- Third Circuit: District Court Must Personally Address Defendant During Sentencing, by Douglas Ankney
- Police Body Cams Are not a Cure-All, by Edward Lyon
- Hawai’i Supreme Court Announces Police Officers May Not Testify That Driver Appeared Intoxicated, Overruling Toyomura, by Douglas Ankney
- Activists Seek Accountability by Pushing NYC to Make Footage From Traffic Cams Available for Archiving, by Douglas Ankney
- FBI Expands Ability to Surveil Social Media and Cellphone Location Data, by Douglas Ankney
- SCOTUS Announces Large Portion of Oklahoma Remains Tribal Land in Which State Lacks Jurisdiction to Try Native Americans, by Douglas Ankney
- California Court of Appeal Holds Canizales Decision Limiting Kill Zone Theory Applies Retroactively, by Matthew Clarke
- Nationwide Police Misconduct Database Available to Public, by Kevin Bliss
- Sixth Circuit: Prosecutor’s Improper Comments and Counsel’s Failure to Object Require New Trial, by Dale Chappell
- Wrongfully Convicted Virginians Now Have Chance to Prove Innocence Due to Amendments to Writ of Actual Innocence, by Douglas Ankney
- Second Circuit: Justice for Victims of Trafficking Act Applies on Per-Offender, not Per-Count Basis, by David Reutter
- Fourth Circuit: Sentencing Procedurally Unreasonable Where Special Condition Not Explained and Mitigation Argument Not Addressed, by Matthew Clarke
- Hawai’i Supreme Court: Showing Jury Video of Defendant Declining Officer’s Request to Reenact Crime Violates Right to Remain Silent, by Douglas Ankney
- The Power of Filming Police, by Jayson Hawkins
- Extending the Surveillance State During the Pandemic, by Anthony Accurso
- Georgia Supreme Court: Counsel’s Failure to Inform Defendant of Absolute Right to Withdraw Plea Prior to Sentencing Ineffective Assistance, by David Reutter
- Second Circuit Announces Categorical Approach Applies to State Convictions for Sentencing Enhancement Determination Under 21 U.S.C. § 841(b)(1)(B), by Matthew Clarke
- Guard Your Digital Privacy to Keep Your Real Self Safe, by Anthony Accurso
- Congress Unsure of Internet Data Collected by Government as PATRIOT Act Heads for Reauthorization, by Dale Chappell
- What to Do if You’re Pepper-Sprayed, by Dale Chappell
- After a Decade of Fighting, The Last Resort Exoneration Project Finally Frees Two Wrongfully Convicted of Murder, by Michael Fortino, Ph.D
- Tenth Circuit Vacates Conviction, Rules Waiver of Trial Counsel Not Knowingly Made, by Dale Chappell
- Colorado Supreme Court: Plea Proviso in § 18-1-409(1) Doesn’t Bar Appeal on Manner in Which Sentence Imposed, by David Reutter
- Sixth Circuit Grants Habeas Relief for Defendant Shackled During Murder Trial Without On-the-Record Justification, by David Reutter
- New York Police Continue Pattern of Arrests of Low-Level Crime During COVID-19 Crisis, by Derek Gilna
- Report: Attorney Appointment a ‘Pay For Play’ Arrangement in Texas County, by Kevin Bliss
- Hawai’i Supreme Court: Dog Sniff Unrelated to Initial Traffic Stop Requires Suppression of Evidence, by Dale Chappell
- Hawai’i Supreme Court Announces Trial Courts Have Duty to Obtain Knowing and Voluntary Waiver of Penal-Responsibility Defense, by Douglas Ankney
- Colorado Supreme Court Announces Framework for Distinguishing True Threat From Protected Speech Communicated Online, by Douglas Ankney
- Tenth Circuit: Confession Involuntary Where FBI Agent Falsely Claimed to Be in Contact With Judge, and Defendant Could Shorten Sentence With Each Truthful Answer, by Douglas Ankney
- Minn. Supreme Court Announces Rule for Analyzing Out-of-State Convictions for Public Safety Registry Requirement Purposes, by Anthony Accurso
- Seventh Circuit Holds First Step Act Applies to All Crack Offenses ‘As a Whole,’ Regardless of Crack Amounts, by Dale Chappell
- Kentucky Supreme Court: Trial Court’s Ex Parte Discussion With Juror About Offered Bribe Was Structural Error, by Douglas Ankney
- Ban the Box not Applicable to COVID-19 Stimulus Aid, by Edward Lyon
- Six eyewitnesses misidentified a murderer – here’s what went wrong in the lineup, by Laura Smalarz
- Tear Gas: Soldiers Prohibited From Using It in Warfare but Cops Using It Against Peaceful Protesters, by Douglas Ankney
- The Lunacy of Qualified Immunity, by Edward Lyon
- I Cover Cops as an Investigative Reporter. Here Are Five Ways You Can Start Holding Your Department Accountable., by Andrew Ford
- Problems With Predictive Policing, by Jayson Hawkins
- News in Brief
More from Matthew Clarke:
- Texas Social Workers Challenge Blanket Denial of State Occupational License Based on Youthful Assault Convictions, Aug. 1, 2025
- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, Aug. 1, 2025
- Nebraska Supreme Court Clarifies Award of Time Served Credit for Non-Citizen Awaiting Extradition, Aug. 1, 2025
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025
- Nebraska Supreme Court Clarifies Procedure for Crediting Jail Time to Multiple Contemporaneously-Imposed Sentences, Aug. 1, 2025
- Over One-Third of Older Texas Prisoners Suffering Cognitive Impairment, July 15, 2025
- Kansas Supreme Court Revives Prisoner’s Challenge to Loss of Parental Rights, June 1, 2025
- Fifth Circuit Reinstates Baha’i Texas Prisoner’s Dietary Claim, June 1, 2025
- $5.6 Million Settlement for California Prisoner’s Wife Strip-searched During Visit, June 1, 2025
- Academic Study of Prison Guards’ Use of Excessive Force Details Sad State of Civil Rights for Abused Prisoners, June 1, 2025
More from these topics:
- 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.
- Fourth Circuit: A Finding of Offering Money to Minor for Videos Depicting Specific Conduct Without Establishing Order of Events Insufficient to Establish Offer ‘Caused’ Minor to Produce Explicit Material Within Meaning of Guidelines § 2G2.2(c)(1) Cros, July 1, 2025. U.S. Sentencing Guidelines, Applicable Guidelines Issues.
- First Circuit Announces What Constitutes ‘Otherwise Using’ a Dangerous Weapon for Purposes of the Four-Level Enhancement Under Guidelines § 2B3.1(a), May 15, 2025. U.S. Sentencing Guidelines, Probation, Sentence Enhancements/Departures.
- ACLU Sues BOP Over Failure to Implement First Step Act Release Credits, May 1, 2025. U.S. Sentencing Guidelines, First Step Act, Bureau of Prisons (BOP).
- Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises, April 15, 2025. Premises Liability, Witnesses - Prior Statements/Testimony, Felony Drug Offense, Confessions and Statements of Defendant.
- Arkansas Supreme Court Rules § 16-93-609(b)(2)(B), Relating to Parole Eligibility for Residential Burglary Conviction, Applies Retroactively to Defendant, April 15, 2025. U.S. Sentencing Guidelines, Resentencing, Bank Fraud/Robbery/Theft, Probation, Parole & Supervised Release, Eligibility for Parole.
- Virginia Parole Board Skirts New Transparency Rules, Governor Walks Back Expanded Sentence Credits—Again, March 1, 2025. Local Rules, U.S. Sentencing Guidelines, Probation, Parole & Supervised Release, Credits.
- 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.