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Tenth Circuit Joins Other Circuits, Holding Federal Offense of Conviction, Not Underlying Conduct, Determines First Step Act Eligibility
by Dale Chappell
The U.S. Court of Appeals for the Tenth Circuit held that a district court is authorized to correct an erroneous career offender enhancement when a defendant qualifies for relief under the First Step Act, joining other circuits which have held the same.
The appeal came after Wallace ...
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More from this issue:
- The Clash Between Closed-Source Forensic Tools and the Confrontation Clause, by Anthony Accurso
- Make Way for the Snitch State The All-Seeing Fourth Branch of Government, by Nisha Whitehead, John W. Whitehead
- Massachusetts Supreme Judicial Court: Withholding Exculpatory Statement Change by Key Witness Constitutes Brady Violation, Requiring New Trial, by Matthew Clarke
- Qualified Immunity Driven by Irrational Fear of Cops Being Held Personally Liable, by Dale Chappell
- Wyoming Supreme Court: Fleeing Into Home After Traffic Offense Not Exigent Circumstance Justifying Warrantless Entry, by Anthony Accurso
- SCOTUS: § 2(a) of Fair Sentencing Act Modifies Statutory Penalties Only for Subparagraphs (A) and (B) of 21 U.S.C. § 841(b)(1)— the Mandatory-Minimum Provisions, by Douglas Ankney
- SCOTUS: ‘Exceeds Authorized Access’ Under the CFAA Means Accessing Areas of Computer That Are Off-Limits on Computer Otherwise Authorized to Access, by Douglas Ankney
- Fourth Circuit: Sentence Vacated for Failure to Properly Analyze Leadership Role Factors, by Anthony Accurso
- Tenth Circuit Joins Other Circuits, Holding Federal Offense of Conviction, Not Underlying Conduct, Determines First Step Act Eligibility, by Dale Chappell
- Hawaii Supreme Court: Trial Counsel Must Inform Defendant That Deportation ‘Will Be Required’ for Plea to Aggravated Felony, IAC for Advising Deportation ‘Almost Certain’, by David Reutter
- Study: Innocent Children Likely to Plead Guilty, by David Reutter
- Fourth Circuit: District Court Must Recalculate Guidelines Sentencing Range and Conduct Analysis of § 3553(a) Factors Even if Same Sentence Would Be Imposed Under First Step Act, by Dale Chappell
- "Sixth Circuit Grants Habeas Relief Because Trial Judge Redacted Key Portion of Witness’ Testimony Presented to Jury in Violation of Confrontation Clause", by Dale Chappell
- JusticeText Software Helps Defense Attorneys Review Audiovisual Evidence, by Anthony Accurso
- Seventh Circuit Finds Lack of Evidence, Grants Habeas Relief, and Orders ‘Immediate Release’, by Dale Chappell
- Ninth Circuit: IAC Under Strickland Satisfies Rhines’ ‘Good Cause’ Standard to Stay Federal Habeas Petition, Allowing Exhaustion of State Court Remedies, by Dale Chappell
- Wisconsin Supreme Court: Officer’s Retention of Driver’s License Without Reasonable Suspicion to Delay Until Arrival of Drug Dog Constitutes Unlawful Seizure, by Anthony Accurso
- Tenth Circuit: Warrant Authorizing Search for Items ‘Involved in Crime’ Violates Fourth Amendment’s Particularity Requirement, Not Saved by Doctrine of Severability, by Anthony Accurso
- The Legacy of Len Bias, by Jayson Hawkins
- Massachusetts Supreme Court Revisits Lougee and Announces Framework for Determining When Pretrial Detention Prolonged Due to COVID Violates Due Process, by Douglas Ankney
- North Dakota Supreme Court Holds Attempted Knowing Murder Is Non-Cognizable, by Matthew Clarke
- California Court of Appeal: § 1170.95(e) Permits Trial Courts to Redesignate More Than One Underlying Felony in Resentencing Vacated Felony-Murder Conviction, by Douglas Ankney
- North Carolina Court Rules That Felons Not in Prison Must Be Allowed to Vote, by Chuck Sharman
- Seventh Circuit: Prosecutor’s Comments Not Supported by Evidence Denied Defendant Fair Trial, Affirms Habeas Relief, by Dale Chappell
- Arizona Supreme Court: Trial Courts Have Broad Discretion to Disqualify Entire Prosecutor’s Office Based on Appearance of Impropriety, by Douglas Ankney
- Mississippi Supreme Court: Failure to Timely File Motion to Suppress Confession Obtained as Result of Police Threats and Promises Constitutes Ineffective Assistance of Counsel, by Matthew Clarke
- Federal Judge: ‘Offense of Conviction’ Under Guidelines Excludes Relevant Conduct for Sentencing, by Dale Chappell
- Indiana Supreme Court Applies Recently Announced Proportionality Framework for In Rem Fines and Holds Forfeiture of $35,000 Land Rover Grossly Disproportionate to Underlying Offense in Violation of Eighth Amendment, Ending 7-Year Saga, by Douglas Ankney
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- Seventh Circuit: Cronic Doesn’t Provide Exclusive Situations for its Application, Finds Attorney Abandonment at Sentencing Despite Counsel Being Physically Present, by Dale Chappell
- Law Enforcement Underwhelmed by Clearview AI, by Anthony Accurso
- Study Finds Lack of Uniformity in New DNA Technology, by Jayson Hawkins
- 11th Circuit: District Court Must Demonstrate It Considered § 3553(a) Factors When Denying Motion for Compassionate Release, by Douglas Ankney
- California Town Pays $6 Million to Family of Mentally Ill Man Tasered by Cop
- Fourth Circuit: RICO Conspiracy Isn’t ‘Crime of Violence’ for § 924(c) Purposes, by Douglas Ankney
- 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
- Newark Police Didn’t Discharge a Single Firearm in 2020, and the Crime Rate Fell, by Jayson Hawkins
- SCOTUS Reinstates Death Sentence Reversed by Eleventh Circuit, by Matthew Clarke
- Study Finds Interactive Lineup Improves Accuracy of Eyewitness Identification, But Does It Also Increase Likelihood of False Identifications?, by Matthew Clarke
- FBI Fails to Track Police Use of Force, by Jayson Hawkins
- Concealed Exculpatory Evidence and New Palm Print Evidence Frees Wrongfully Convicted Man After 21 Years in Prison, by Douglas Ankney
- News in Brief
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:
- 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).
- First Step Act Linked to Modest Reductions in Time Served by Federal Prisoners, Feb. 1, 2025. First Step Act, Resentencing, Credits.
- Washington Supreme Court: Judgment and Sentence Facially Invalid Based on Miscalculated Offender Score Despite Defendant’s Stipulation to Exceptional Sentence, Dec. 1, 2024. Sentencing Goals/Purposes/Practices.
- Ninth Circuit Clarifies ‘Implicit Breach’ Case Law Regarding When Government Breaches Plea Agreement by Responding to Defendant’s Request for Downward Variant Sentence, Oct. 1, 2024. Sentencing Goals/Purposes/Practices, Breach of Plea/Coop./Immunity Agreements, Breach of trust, Plea Agreements/Guilty Pleas.
- First Circuit Holds Government Breached Plea Agreement With Defendant by Failing to Explain Why It Agreed to Substantial Downward-Variant Sentence, Sept. 1, 2024. U.S. Sentencing Guidelines, Sentencing Goals/Purposes/Practices, Plea Agreements/Guilty Pleas.
- 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.
