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Tenth Circuit Announces Adoption of ‘Offense of Conviction Approach’ for Determining Sentence Reduction Under First Step Act § 404(b)

Loaded on Oct. 15, 2021 by Dale Chappell published in Criminal Legal News November, 2021, page 28
Filed under: First Step Act, Resentencing. Location: Colorado.

by Dale Chappell

The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the District of Colorado erred in relying on the defendant’s underlying conduct, rather than his offense of conviction, to deny his motion for sentence reduction under the First Step Act § ...

 

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More from this issue:

  1. The Real Minority Report Predictive Policing Algorithms Reflect Racial Bias Present in Corrupted Historic Databases, by Matthew Clarke
  2. Massachusetts Supreme Judicial Court Announces Premature Sex Offender Classification of Incarcerated Offender Who Accepted Classification Violates Procedural Due Process, by Douglas Ankney
  3. Tenth Circuit Rejects Qualified Immunity for Prosecutor Alleged to Have Fabricated Evidence, Despite no Previous Case with Materially Similar Facts, by Douglas Ankney
  4. California Supreme Court: Furnishing Drugs Resulting in Overdose Death Does Not Automatically Trigger Great Bodily Injury Enhancement, by Dale Chappell
  5. Hawaii Supreme Court Announces Five-Factor Test in Determining Whether There’s ‘Fair and Just Reason’ to Withdraw Plea, by David Reutter
  6. Seventh Circuit: District Court Erred in Denying Compassionate Release Motion by Limiting ‘Extraordinary and Compelling’ Analysis to USSG § 1B1.13, by Dale Chappell
  7. Anger: A Natural Reaction That Makes the Innocent Appear Guilty, by Jayson Hawkins
  8. An Inside Look at Operation Trojan Shield How the FBI Crafted an International Encrypted Messaging Sting, by Jayson Hawkins
  9. Tenth Circuit Announces Adoption of ‘Offense of Conviction Approach’ for Determining Sentence Reduction Under First Step Act § 404(b), by Dale Chappell
  10. Kansas Supreme Court Affirms Reversal and Dismissal of Murder Charges Based on Speedy Trial Violation, by Douglas Ankney
  11. Arizona Supreme Court Announces Trial Courts Have Discretion to Deny State’s Request for SVP Screening and Provides Guidance to Courts Exercising That Discretion, by Douglas Ankney
  12. Arizona Supreme Court Clarifies Proper Fundamental Error Review Applicable to Allegation of a Single, Unobjected-to Instance of Prosecutorial Misconduct, by Douglas Ankney
  13. Study: Bloodstain Pattern Analyses Display Alarming Lack of Accuracy, by Michael Fortino, Ph.D
  14. SCOTUS Holds Ramos’ Unanimous Jury Requirement Is New Procedural Rule and Announces No New Procedural Rule Applies Retroactively on Federal Collateral Review, by Dale Chappell
  15. Second Circuit: Autopsy Report Is ‘Testimonial’ for Confrontation Clause Purposes, Habeas Relief Granted, by Dale Chappell
  16. Ohio, Now 24th State to End LWOP for Juveniles, by Michael Fortino, Ph.D
  17. "Eighth Circuit: Government Breached Plea Agreement by Endorsing PSR’s Calculation of Higher Base Offense Level Than Plea Agreement, Curing Breach Not Recognized in Circuit", by David Reutter
  18. Current Forensic Sciences Not as Objective as Most Believe, by Edward Lyon
  19. DNA Standards Often Make the Difference Between Life and Death, by Michael Fortino, Ph.D
  20. Justice Department Orders All Federal Agents to Wear Body Cameras, by Chuck Sharman
  21. Georgia Supreme Court Announces Merger Error Claims During Sentencing May Be Raised for First Time in Habeas Petition, by Anthony Accurso
  22. Justice Department Bans Chokeholds and Restricts No-Knock Entries for Federal Agents, by Chuck Sharman
  23. Ninth Circuit Announces All 3 Subsections Must Be Satisfied to Deny Safety-Valve Relief Under 18 U.S.C. § 3553(f)(1), by Dale Chappell
  24. Experts Agree: Police Public Relations Consistently Mislead the Public, by Jayson Hawkins
  25. Study Shows Public Defenders Outperform Court Appointed Private Attorneys, by Michael Fortino, Ph.D
  26. Investigative Report Highlights Difficulties in Disciplining Cops, by Michael Fortino, Ph.D
  27. Florida’s Worst Cop Fired for 7th Time, by Jayson Hawkins
  28. Police Do Not Want to Pay for Damage They Inflicted to Texas Home, by Kevin Bliss
  29. SCOTUS Reinstates Death Sentence Reversed by Eleventh Circuit, by Matthew Clarke
  30. California Supreme Court Announces Predicate Offenses for Gang Enhancement or Gang Participation Not Provable Using Expert Witness Testimony Without Personal Knowledge of Facts, by Matthew Clarke
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  32. News in Brief

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