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Eleventh Circuit: Time Served Adjustment Is Mandatory Under Sentencing Guidelines Even After Booker
by Matt Clarke
The U.S. Court of Appeals for the Eleventh Circuit ruled U.S.S.G. § 5Gl.3(b)(l)’s “a court shall adjust the sentence” for time served on a related state crime is mandatory once the section’s requirements are met. Acknowledging a circuit split on the issue, it ruled that a § ...
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More from this issue:
- Police Unions: Obstacles to Criminal Justice Reform and Police Accountability, by Douglas Ankney
- Fourth Circuit Announces Discretionary Conditions of Supervision Must Be Orally Pronounced at Sentencing, by Anthony Accurso
- Deal Presented by Kentucky Prosecutor Evidence of Effort to Smear Breonna Taylor, by Casey Bastian
- Attacking the Guilty Plea: Waivers, Breaches, and Getting More Time After a Successful Challenge, by Dale Chappell
- Pennsylvania Supreme Court Announces Reckless Prosecutorial Misconduct Constitutes Overreaching Sufficient to Trigger Double Jeopardy Protections, by Douglas Ankney
- The 1971 Stanford Prison Experiment Showing Authoritarian Abuse Still Relevant Today, by Michael Fortino, Ph.D
- Powerful New Tool Reveals Federal Sentencing Problems, by Dale Chappell
- Campaign Zero Advocates for Police Accountability, by Jayson Hawkins
- Sixth Circuit Finds IAC for Failure to Raise ‘Clearly Foreshadowed’ Change in Law on Appeal, by Dale Chappell
- Ninth Circuit: Use of Unconvicted Conduct Too Dissimilar to Charged Offense Violates Due Process, by Dale Chappell
- Fifth Circuit Grants Habeas Relief Because Detective’s Testimony of Witness Identification of Defendant Violates Confrontation Clause, by Dale Chappell
- Indiana Supreme Court Announces New Analytical Framework for Review of Substantive Double Jeopardy, Overruling Richardson, by Douglas Ankney
- Idaho Supreme Court Announces False Rape Allegations May Be Admitted Regardless of When Made, by Anthony Accurso
- Federal Judge Criticizes Qualified Immunity and Challenges SCOTUS to Abolish It, by Anthony Accurso
- Fifth Circuit Reverses Conviction Based on Prejudicial Prosecutorial Misconduct, by Douglas Ankney
- Arizona Supreme Court Declares Gang-Association Statute Unconstitutional, by Dale Chappell
- Mississippi Supreme Court Vacates Capital Murder Conviction Obtained With Bite Mark Comparison Evidence, by Matthew Clarke
- Eighth Circuit: Counsel Ineffective for Not Recognizing § 851 Enhancement Should Not Have Applied, by Anthony Accurso
- First Circuit: Dangerousness of Machine Guns Not Justification for Above-Guidelines Sentence, by Dale Chappell
- Eleventh Circuit: Time Served Adjustment Is Mandatory Under Sentencing Guidelines Even After Booker, by Matthew Clarke
- Kansas Supreme Court Announces Residual Clause of Law Prohibiting Knife Possession by Felons Unconstitutionally Vague, by Anthony Accurso
- Maryland Court of Appeals: Odor of Marijuana Alone Doesn’t Provide Probable Cause to Arrest and Search Person, by Anthony Accurso
- Ninth Circuit: Mere Passage of Time Doesn’t Attenuate Evidence From Initial Constitutional Violation, by Douglas Ankney
- California Court of Appeal: ‘Violent Victim Rule’ Doesn’t Require Defendant to Have Had Knowledge of Victim’s Propensity for Violence, by Douglas Ankney
- N.J. Supreme Court Announces Defendant Has Right to Question Cooperating Witness About Plea Deal and Possible Sentence Exposure Even When Witness Faced Same Exposure as Defendant, by Douglas Ankney
- Missouri Supreme Court: Circuit Court Erred in Excluding Expert Witness Testimony Regarding Accuracy of Eyewitness Identification, by Douglas Ankney
- Seventh Circuit: Solo Masturbation Near Fully Clothed and Sleeping Child Does Not Constitute Production of Child Pornography, by Anthony Accurso
- California Supreme Court Reverses Murder Conviction and Death Sentence Because Police Failed To Honor Defendant’s Request for Counsel, by Douglas Ankney
- Fourth Circuit Expands First Step Act’s ‘Covered Offense’ to All of Section 841, by Dale Chappell
- Wisconsin Supreme Court: Officers Wrongly Inventoried Vehicle for Towing, Requiring Suppression of Evidence, by Anthony Accurso
- Sixth Circuit: Michigan Courts’ Procedure Allowing Appellate Counsel’s Withdrawal Unconstitutional, by David Reutter
- Sixth Circuit Clarifies ‘Different Location’ in Robbery Guidelines Enhancement Commentary Requires More Than Herding Victims To Different Room, by Anthony Accurso
- Fed Position on Pot Pushing Vets to Black Market, by Jayson Hawkins
- Minnesota Supreme Court: Coercion Statute Unconstitutionally Overbroad, by Anthony Accurso
- Less Lethal Munitions Still Deadly, by Edward Lyon
- Is the Georgia Bureau of Investigation Ready to Investigate Arbery Cover-Up?, by Jayson Hawkins
- Blue Lives Matter More: Georgia Introduces Hate Crime Bill Designed to Protect the Cops, by Michael Fortino, Ph.D
- Promises to Defund the Police Lead to Increase in Private Security Forces on City Streets, by Casey Bastian
- The Danger of Police Dishonesty, by Jayson Hawkins
- Interrogation Via Zoom: Policing in the Age of COVID, by Jayson Hawkins
- DOJ Report: Massachusetts Narcotics Bureau Relied on Excessive Use of Force, by Kevin Bliss
- Door Bells and Funeral Bells, by Douglas Ankney
- Did Two Judges Violate Ethics in Florida Voting Rights Restoration Case?, by Casey Bastian
- Kettles Are Used for Teas, Kettling is Used for People, by Edward Lyon
- Government Treats Protesting Cities as Enemies of the State, by Kevin Bliss
- 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).
- 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.
- The Murky Waters of Parole, Feb. 1, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Parole Liability, Probation, Parole & Supervised Release.