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Seventh Circuit: ‘Especially Compelling Justification’ Required for Same Maximum Sentence on Resentencing

Loaded on Aug. 15, 2020 by Dale Chappell published in Criminal Legal News September, 2020, page 12
Filed under: U.S. Sentencing Guidelines, First Step Act. Location: Indiana.

by Dale Chappell

The U.S. Court of Appeals for the Seventh Circuit held on June 19, 2020, that a district court resentencing someone again to the maximum sentence possible and well over double the recommended Guidelines sentencing range (“GSR”) must provide “especially compelling justification” for such a significant increase in ...

 

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More from this issue:

  1. State Violence, Legitimacy, and the Path to True Public Safety, by David M. Kennedy
  2. Floyd’s Family Might End Up Helping Pay Chauvin’s Retirement Benefits, by Kevin Bliss
  3. How the Courts Are Using Compassionate Release to Fix Unfair Sentences, by Dale Chappell
  4. Seventh Circuit: ‘Especially Compelling Justification’ Required for Same Maximum Sentence on Resentencing, by Dale Chappell
  5. Seventh Circuit: Admissions to Pretrial Services Cannot Be Used to Prove Guilt, by Dale Chappell
  6. The Warrior Cop Mindset, by Edward Lyon
  7. SCOTUS: Counsel’s Failure to Uncover and Present Evidence in Mitigation at Capital Sentencing Requires Remand for Prejudice Determination, by Douglas Ankney
  8. Indiana Supreme Court: Forcing Defendant to Unlock Smartphone Violates Fifth Amendment Right Against Self-Incrimination, by Douglas Ankney
  9. California Supreme Court: ‘Honest and Upright Life’ Possible While in Custody for Expungement Purposes, by Anthony Accurso
  10. Seventh Circuit Explains ‘Conduct That is Part of Common Scheme or Plan’ for Sentencing Purposes, by Douglas Ankney
  11. Third Circuit: District Court Must Personally Address Defendant During Sentencing, by Douglas Ankney
  12. Police Body Cams Are not a Cure-All, by Edward Lyon
  13. Hawai’i Supreme Court Announces Police Officers May Not Testify That Driver Appeared Intoxicated, Overruling Toyomura, by Douglas Ankney
  14. Activists Seek Accountability by Pushing NYC to Make Footage From Traffic Cams Available for Archiving, by Douglas Ankney
  15. FBI Expands Ability to Surveil Social Media and Cellphone Location Data, by Douglas Ankney
  16. SCOTUS Announces Large Portion of Oklahoma Remains Tribal Land in Which State Lacks Jurisdiction to Try Native Americans, by Douglas Ankney
  17. California Court of Appeal Holds Canizales Decision Limiting Kill Zone Theory Applies Retroactively, by Matthew Clarke
  18. Nationwide Police Misconduct Database Available to Public, by Kevin Bliss
  19. Sixth Circuit: Prosecutor’s Improper Comments and Counsel’s Failure to Object Require New Trial, by Dale Chappell
  20. Wrongfully Convicted Virginians Now Have Chance to Prove Innocence Due to Amendments to Writ of Actual Innocence, by Douglas Ankney
  21. Second Circuit: Justice for Victims of Trafficking Act Applies on Per-Offender, not Per-Count Basis, by David Reutter
  22. Fourth Circuit: Sentencing Procedurally Unreasonable Where Special Condition Not Explained and Mitigation Argument Not Addressed, by Matthew Clarke
  23. Hawai’i Supreme Court: Showing Jury Video of Defendant Declining Officer’s Request to Reenact Crime Violates Right to Remain Silent, by Douglas Ankney
  24. The Power of Filming Police, by Jayson Hawkins
  25. Extending the Surveillance State During the Pandemic, by Anthony Accurso
  26. Georgia Supreme Court: Counsel’s Failure to Inform Defendant of Absolute Right to Withdraw Plea Prior to Sentencing Ineffective Assistance, by David Reutter
  27. 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
  28. Guard Your Digital Privacy to Keep Your Real Self Safe, by Anthony Accurso
  29. Congress Unsure of Internet Data Collected by Government as PATRIOT Act Heads for Reauthorization, by Dale Chappell
  30. What to Do if You’re Pepper-Sprayed, by Dale Chappell
  31. After a Decade of Fighting, The Last Resort Exoneration Project Finally Frees Two Wrongfully Convicted of Murder, by Michael Fortino, Ph.D
  32. Tenth Circuit Vacates Conviction, Rules Waiver of Trial Counsel Not Knowingly Made, by Dale Chappell
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  34. Sixth Circuit Grants Habeas Relief for Defendant Shackled During Murder Trial Without On-the-Record Justification, by David Reutter
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  36. Report: Attorney Appointment a ‘Pay For Play’ Arrangement in Texas County, by Kevin Bliss
  37. Hawai’i Supreme Court: Dog Sniff Unrelated to Initial Traffic Stop Requires Suppression of Evidence, by Dale Chappell
  38. Hawai’i Supreme Court Announces Trial Courts Have Duty to Obtain Knowing and Voluntary Waiver of Penal-Responsibility Defense, by Douglas Ankney
  39. Colorado Supreme Court Announces Framework for Distinguishing True Threat From Protected Speech Communicated Online, by Douglas Ankney
  40. 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
  41. Minn. Supreme Court Announces Rule for Analyzing Out-of-State Convictions for Public Safety Registry Requirement Purposes, by Anthony Accurso
  42. Seventh Circuit Holds First Step Act Applies to All Crack Offenses ‘As a Whole,’ Regardless of Crack Amounts, by Dale Chappell
  43. Kentucky Supreme Court: Trial Court’s Ex Parte Discussion With Juror About Offered Bribe Was Structural Error, by Douglas Ankney
  44. Ban the Box not Applicable to COVID-19 Stimulus Aid, by Edward Lyon
  45. Six eyewitnesses misidentified a murderer – here’s what went wrong in the lineup, by Laura Smalarz
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  47. The Lunacy of Qualified Immunity, by Edward Lyon
  48. I Cover Cops as an Investigative Reporter. Here Are Five Ways You Can Start Holding Your Department Accountable., by Andrew Ford
  49. Problems With Predictive Policing, by Jayson Hawkins
  50. News in Brief

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