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Seventh Circuit: District Court’s Failure to Address Nonfrivolous Argument Raised in First Step Act Motion Constitutes Procedural Error in Violation of Concepcion

Loaded on April 15, 2023 by Douglas Ankney published in Criminal Legal News May, 2023, page 38
Filed under: Frivolous Litigation (PLRA), First Step Act, Procedural Default/Error. Location: Illinois.

by Douglas Ankney

The U.S. Court of Appeals for the Seventh Circuit ruled that when deciding a motion for a sentence reduction under § 404 of the First Step Act (“FSA”), a District Court must demonstrate it considered every nonfrivolous argument raised by the defendant.

In 2005, Jamell Newbern pleaded ...

 

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  2. Wisconsin Supreme Court: Riding Same Make of Motorcycle as Reported by Police Speeding and Driving Erratically Does Not Constitute Reasonable Suspicion to Initiate Traffic Stop, by Anthony Accurso
  3. Fifth Circuit Announces Altered Serial Number Enhancement Does Not Apply Where Gun Never Had Serial Number, by Richard Resch
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  9. First Circuit Vacates Sentence Containing 20-Year Upward Variance Because District Court Failed to Provide Case-Specific Factors or Rationale for Such a Large Variance, by Richard Resch
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  23. Ohio Supreme Court Clarifies Meaning of ‘Outcome Determinative’ in Context of Motion for Postconviction DNA Testing, by Douglas Ankney
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