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Eleventh Circuit Announces Drug Offenses Involving Multiple Drugs Can Qualify as ‘Covered Offense’ Under First Step Act if Crack One of the Drugs
by Dale Chappell
The U.S. Court of Appeals for the Eleventh Circuit held on December 9, 2020, that as long as one of the drugs in a multidrug offense involved crack cocaine, the offense still qualifies as a “covered offense” for the First Step Act’s retroactive crack sentence reductions.
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More from this issue:
- Staggering Injustice, by Derek Gilna
- Fifth Circuit Vacates Sentence Eight Times Higher Than Guidelines Range That Was Imposed Without Explanation, by Dale Chappell
- Federal Habeas Corpus: Retroactivity of New Rules, by Dale Chappell
- Sex Panic: The War on Sex Offenders as Public Enemy Number One, by Michael Fortino, Ph.D
- Fourth Circuit Announces Payton’s ‘Reason to Believe’ Standard for Entering a Third-Party’s Home Based on Arrest Warrant for Suspect Amounts to Probable Cause Suspect Resides There, by Douglas Ankney
- Colorado Supreme Court: Dividing Multiple Images of Child Pornography Into Multiple Batches to Charge Multiple Counts Violates Double Jeopardy, by Dale Chappell
- First Circuit: Double Jeopardy Protections Bar Government From Seeking Death Penalty at Retrial Where Jury’s Verdict Not Imposing Death at First Trial Ambiguous, and Trial Court Prematurely Declared Mistrial, by Douglas Ankney
- Fired San Francisco Cop Charged With Manslaughter for Fatally Shooting Unarmed Suspect, by Dale Chappell
- California Supreme Court Vacates Murder Conviction, Finds IAC for Failure to Obtain Expert Testimony on Time of Death, by Dale Chappell
- Ninth Circuit: Reasonable Suspicion Justifying Traffic Stop Doesn’t Provide Probable Cause to Open Door and Lean Inside Vehicle, by Douglas Ankney
- Police Say Seizing Property Without Trial Helps Keep Crime Down. A New Study Shows They’re Wrong., by Ian MacDougall
- New York Court of Appeals Reverses Denial of Suppression Motion Where Prosecution Fails to Provide Specific Facts to Show Traffic Stop Was Lawful, by Douglas Ankney
- Michigan Voters Approve Constitutional Amendment to Protect Electronic Data and Communications, by Anthony Accurso
- Kansas Supreme Court Clarifies State Law Does Not Preclude Consent to Search Through Nonverbal Conduct, by Douglas Ankney
- Sixth Circuit Vacates Sentence Because Government Failed to Prove Sentencing Enhancements Apply, by Dale Chappell
- Eighth Circuit Announces ‘Use of Minor’ Enhancement Inapplicable for Merely Buying Firearm From Minor, by Dale Chappell
- Illinois Supreme Court Announces Guilty Plea Doesn’t Bar Postconviction Claim of Actual Innocence and Provides Framework for Review, by Douglas Ankney
- Illinois Supreme Court Announces Predicate Offenses of Home Invasion Statute are Lesser-Included Offenses of Home Invasion Statute, by Douglas Ankney
- Eleventh Circuit Announces Drug Offenses Involving Multiple Drugs Can Qualify as ‘Covered Offense’ Under First Step Act if Crack One of the Drugs, by Dale Chappell
- Montana Supreme Court: Statistical Evidence on False Accusations of Rape Improperly Bolstered Witness Credibility, by Anthony Accurso
- SCOTUS Vacates Grant of Habeas Relief, Citing Habeas ‘Deference’ to State Court Decisions, by Dale Chappell
- Eleventh Circuit: District Court ‘Mischaracterizing’ Habeas Claim Left Claim Unresolved in Violation of Clisby, Requiring Remand, by Dale Chappell
- New York Man Exonerated of Murder and Freed After 25 Years in Prison, by Douglas Ankney
- Predator or Patsy? Long Sentences for Those Caught in Victimless Child Sex Stings
- Ninth Circuit: Rehaif Error Requires Automatic Dismissal of Indictment, by Dale Chappell
- Fourth Circuit: Commercial Vehicle Permit Requirement Insufficient Grounds to Initiate Traffic Stop, by Anthony Accurso
- Eleventh Circuit: Private Probation Company With Financial Interest in its Sentencing Decisions Violates Due Process, by David Reutter
- California Court of Appeal: Confrontation Clause Violation Where Supervisor, Not Lab Tech Who Performed Drug Tests, Testified at Trial, by Anthony Accurso
- Fifth Circuit: Conviction Vacated Because No Reasonable Suspicion to Search Person in High-Crime Area, by Anthony Accurso
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- Seventh Circuit: Prisoner Has Right to Know Conditions of Supervised Release Prior to Being Released, by Douglas Ankney
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- Audit of D.C. Forensics Lab Reveals History of Botched Forensic Analyses, by Casey Bastian
- Multi-Agency Task Forces Manipulate Jurisdiction to Avoid Liability, by Casey Bastian
- Inadequate and Outdated Training Results in Wild West Policing, by Michael Fortino, Ph.D
- New Michigan Law Expands Criminal Records Expungement, by Casey Bastian
- Athlete Settles Tasing Suit Against Milwaukee Police, by Edward Lyon
- Eighth Circuit Affirms Habeas Relief, Finds Arkansas Supreme Court Wrongly Denied Defendant’s Self-Representation Request, by Dale Chappell
- Police Unions Block Meaningful Criminal Justice Reform, by Casey Bastian
- How Arkansas Criminalizes Poverty, by Jayson Hawkins
- California Law Enforcement Strikes Out in 2020 Elections, by Kevin Bliss
- Massive Corruption of a Baltimore Task Force Exposed, by Casey Bastian
- NYPD Agrees to Alter Religious Headwear Policy, by Casey Bastian
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- Prosecutors Who Demand Accountability From Everyone But Themselves, by Casey Bastian
- News in Brief
- Louisiana Supreme Court Vacates Murder Conviction for Speedy Trial Violation, by Dale Chappell
More from Dale Chappell:
- How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, March 15, 2025
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
More from these topics:
- First Step Act Linked to Modest Reductions in Time Served by Federal Prisoners, Feb. 1, 2025. First Step Act, Resentencing, Credits.
- Fourth Circuit Announces ‘Sentencing Package Doctrine’ Permits District Court to Resentence Both Covered and Noncovered Offenses Under First Step Act, July 15, 2024. First Step Act, Resentencing, De Novo Resentencing.
- BOP Has a Halfway House Problem, June 1, 2024. First Step Act, Good Time Credits, Halfway House Placement, Community Corrections Facilities.
- New Data From BOP Reveals Technical Violations Account for Nearly a Third of First Step Act Recidivism, May 15, 2024. Crime, Statistics/Trends, First Step Act, Probation, Parole & Supervised Release, Revocation Proceedings.
- Time Served Under the First Step Act: Reduction, Not Revolution, April 15, 2024. Statistics/Trends, First Step Act.
- Federal Prisoners Released Under First Step Act Show 37% Reduction in Recidivism, April 1, 2024. Crime, Statistics/Trends, Rehabilitation/Recidivism, First Step Act.
- Preliminary Analysis of Recidivism Data After Three Years Under First Step Act Is Promising but Inconclusive, March 15, 2024. First Step Act.
- Federal Sentencing Guidelines Undergo Substantial Amendments, Jan. 15, 2024. U.S. Sentencing Guidelines, First Step Act, Violence Against Women Act, Criminal History, Qualifying Offenses, Sentence Enhancements/Departures, Sexual Abuse/Harrassment/Exploitation, Sexual Exploitation of Minors, Federally Protected Rights, Sexual Conduct with Minors, Sentences - Authorized, Safety Valve, Acceptance of Responsibility, Preservation of Judicial Resources, Legal or Factual Challenges - assertion of.
- Fourth Circuit: Disparate Sentence of 30 Years for Two § 924(c) Convictions Constitutes ‘Extraordinary and Compelling Reason’ for Early Release and § 3553(a) Sentencing Factors ‘Overwhelmingly’ Favor Sentence Reduction, Dec. 15, 2023. COVID-19, First Step Act, Compassionate Release.
- Fourth Circuit Vacates Denial of First Step Act Relief Where Record Unclear Whether District Court Considered All Nonfrivolous Arguments Raised by Defendant, Nov. 1, 2023. First Step Act, Policy Considerations, Reduction of Sentence.