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Sixth Circuit Follows Trend of Reigning in Commentary’s Impermissible Expansion of Sentencing Guidelines
Loaded on May 15, 2021
by Douglas Ankney
published in Criminal Legal News
June, 2021, page 40
Filed under:
U.S. Sentencing Guidelines.
Location:
Ohio.
by Douglas Ankney
A decision of the U.S. Court of Appeals for the Sixth Circuit followed a trend among the federal circuits in declaring it impermissible for the commentary to the U.S. Sentencing Guidelines to be applied in a manner that expands their actual meaning.
Former postal employee Jennifer Riccardi ...
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More from this issue:
- Felony Murder: The Crotchet of American Murder Jurisprudence, by Douglas Ankney
- Comply or Die: The Only Truly Compliant Person in a Police State Is a Dead One, by John W. Whitehead
- Reverse Location Warrants Neglect Particularity Requirement, by Casey Bastian
- Cops Increasingly Use Amazon Ring to Target Protestors, by Dale Chappell
- Debunked Bite-Mark Comparison Evidence: Wrongfully Convicted Man Freed After Spending Over 25 Years on Death Row, by Casey Bastian
- $1.4 Million for Nevada Man Wrongly Imprisoned Over 20 Years, by Dale Chappell
- Data: NYPD Still Using Chokeholds Despite Ban, by Kevin Bliss
- New Book Scrutinizes Data-Driven Policing
- Sixth Circuit Orders New Trial and Reassigns Case to Different Judge Where District Court’s Mishandling Deprived Defendants of Meaningful Opportunity to Prove Juror Bias, by Douglas Ankney
- Massachusetts Supreme Judicial Court Invalidates Parole Regulation Prohibiting Aggregation of Life Sentences With Consecutive Sentences, by Matthew Clarke
- It’s Time to Reconsider Consent Searches, by Anthony Accurso
- Austin, Texas, Diverting Funds From Police to Transform Community, by Edward Lyon
- Philadelphia’s Progressive Reform-Minded DA Has Made Tremendous Strides – But Are They Enough to Win Reelection?, by Douglas Ankney
- Extreme Prosecutorial Misconduct Results in Wrist Slap, by Edward Lyon
- Study: Reduced Pretrial Incarceration Doesn’t Diminish Public Safety, by Casey Bastian
- When Police Body Cam Is a ‘Propaganda Tool’, by Edward Lyon
- Internet-Connected Devices and the Fourth Amendment, by Anthony Accurso
- Are Police Playing Copyrighted Music to Prevent Live Streaming?, by Anthony Accurso
- Minnesota Supreme Court Clarifies Meaning of ‘Mentally Incapacitated’ Regarding Consent to Sexual Contact, by Douglas Ankney
- Leaving Digital Trails, by Jayson Hawkins
- Fourth Circuit: Police Description of ‘More Deliberate’ Second Handshake Than First Handshake Doesn’t Give Rise to Reasonable Suspicion of Drug Transaction Justifying Terry Stop, by Douglas Ankney
- Tenth Circuit: Firearm Seizure Not Justified After Inventory Search Is Abandoned, by Anthony Accurso
- Study Shows Innocent People Choose False Guilty Pleas and False Testimony to Gain Benefits, by David Reutter
- Washington Supreme Court Reaffirms Workman’s Lesser Included Offense Test and Clarifies Confusion in its Application, by Douglas Ankney
- Report: Police More Aggressive at Leftwing Rallies, by Kevin Bliss
- Eleventh Circuit: Lawyer’s Purposeful Late Filing of Habeas Petition Grounds for Equitable Tolling, by Dale Chappell
- Washington Supreme Court Announces State’s Strict-Liability Drug Possession Law Is Unconstitutional, by Douglas Ankney
- California Supreme Court Announces Conditioning Pretrial Release on Ability to Afford Bail Unconstitutional, by Douglas Ankney
- Ohio Supreme Court: Touching ‘Fog Line’ Doesn’t Justify Traffic Stop, by Douglas Ankney
- Sixth Circuit Follows Trend of Reigning in Commentary’s Impermissible Expansion of Sentencing Guidelines, by Douglas Ankney
- Nevada Supreme Court Announces Felon’s Possession of Multiple Firearms at One Time and Place Is Only Single Violation of State Statute, by Douglas Ankney
- New Hampshire Supreme Court: Defendant Had Subjective and Objective Expectation of Privacy in Apartment Building’s Utility Closet in Common Areas, Evidence Suppressed, by Anthony Accurso
- Online Records Impose Digital Punishment for Millions, by Anthony Accurso
- Study: Militarizing Police Doesn’t Shrink Crime Rates, by Jayson Hawkins
- Georgia Supreme Court: Cumulative Effect of Trial Errors Requires Reversal of Murder Conviction, by Matthew Clarke
- Fourth Circuit Finally Holds Davis Retroactive, by Dale Chappell
- The Costs of the War on Drugs, by Jayson Hawkins
- Tennessee Supreme Court Clarifies Inevitable Discovery Doctrine in Raid of Home to Execute Arrest Warrant, by Anthony Accurso
- $27 Million Settlement for George Floyd’s Family, by Jayson Hawkins
- Texas Court of Criminal Appeals: Speculation Insufficient to Trigger ‘Forfeiture by Wrongdoing’ Exception to Confrontation Clause, by Dale Chappell
- Second Circuit: No Qualified Immunity for Police Detaining and Frisking Man Based Solely on Unconfirmed Hunch, by Matthew Clarke
- Colorado Supreme Court Suppresses Evidence on Cellphone Obtained Via Invalid Warrant, Not Cured by Obtaining Second Valid Warrant, by Anthony Accurso
- News in Brief
More from Douglas Ankney:
- Third Circuit Upholds Award of $265,000 to Prisoner Who Was Sexually Assaulted Twice by the Same Guard, Aug. 1, 2025
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025
- $340,000 for Former Massachusetts Prisoner Whose Baby Was Stillborn, July 15, 2025
- New Jersey Supreme Court Refuses Guard’s Challenge to Firing for Failing to Report Kiss with Prisoner, July 15, 2025
- New York City Loses Bid to Withhold Jail Records, July 15, 2025
- Eleventh Circuit Announces New Deliberate Indifference Framework in Dismissing Georgia Prisoner’s Claim for Skipped Anti-Seizure Meds, July 15, 2025
- Washington Jail Settles DOJ Allegations of ADA Noncompliance in Failure to Treat Opioid Use Disorder, July 15, 2025
- Ohio Supreme Court Says Sheriff Must Get and Disclose Records of Private Contractors, July 15, 2025
- Third Circuit Rejects U.S. Sentencing Commission Amended Compassionate Release Policy, July 15, 2025
- South Carolina Prisoners Granted Class-Action Status in Suit Over Low Wages in Prison Industries Jobs, July 15, 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.