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Fifth Circuit: ‘Nonsubstantial Overcrowding’ of Vehicle Used in Transporting Illegal Aliens Insufficient for Imposition of Sentencing Enhancement Under Guidelines § 2L1.1(b)(6)

Loaded on Jan. 15, 2023 by Douglas Ankney published in Criminal Legal News February, 2023, page 18
Filed under: Vehicle Searches, Immigration Law/Offenses, Sentence Enhancements/Departures. Location: Texas.

by Douglas Ankney

The U.S. Court of Appeals for the Fifth Circuit ruled that nine people in a vehicle with a rated capacity for seven people is insufficient for imposition of sentencing enhancement under U.S. Sentencing Guideline (“Guidelines”) § 2 L1.1(b)(6).

Felipe Castelo-Palma was pulled over by a Presidio ...

 

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More from this issue:

  1. The Debunking of Forensic Science: A Decade of Increased Scrutiny Reveals Forensic Processes Prone to Bias and Error, by Casey Bastian
  2. California Court of Appeal: At Felony-Murder Resentencing Hearing, Court May Not Deny Relief Based on Findings That Are Inconsistent With Previous Acquittal, by Douglas Ankney
  3. You’d Better Watch Out: The Surveillance State Is Making a List, and You’re On It, by Nisha Whitehead, John W. Whitehead
  4. Montana Supreme Court: Odor of Marijuana by Itself Insufficient to Prolong Traffic Stop, by Anthony Accurso
  5. Fifth Circuit: ‘Nonsubstantial Overcrowding’ of Vehicle Used in Transporting Illegal Aliens Insufficient for Imposition of Sentencing Enhancement Under Guidelines § 2L1.1(b)(6), by Douglas Ankney
  6. California Court of Appeal: Kill-Zone Theory Principles Articulated in Canizales Are Retroactive to Judgments That Were Final at Time of Decision, by Jacob Barrett
  7. Florida Supreme Court Announces Completed ‘Purchase’ of Drugs Under Trafficking Statute Requires Exchange of Money and Possession, by David Reutter
  8. Police Digitally Frame Activists in India, but It Can Happen Anywhere, by Jayson Hawkins
  9. Eleventh Circuit: Prosecutor Denied Absolute Prosecutorial Immunity for Failure to Ensure Cancellation of Material Witness Warrant, by David Reutter
  10. Fifth Circuit: District Court Erred in Finding That a Fourth Amendment Stop Did Not Occur, by Harold Hempstead
  11. Massachusetts Supreme Judicial Court: Ineffective Assistance of Counsel Where Trial Counsel Believed, Erroneously, He Had Ethical Duty to Tell Prosecution Location of Key Incriminating Evidence Not in Counsel’s Possession, by Douglas Ankney
  12. Los Angeles: Police Union Resists Changes to Pretextual Stops, by Jayson Hawkins
  13. Police Find It Easier to Influence Public Opinion Than to Protect and Serve, by Benjamin Tschirhart
  14. Tenth Circuit: Unreasonable Determination of Downward Variance of Guidelines Resulted in Plain Error, by David Reutter
  15. Ninth Circuit Suppresses Evidence as Fruit of the Poisonous Tree Where Officer Lacked Probable Cause to Arrest Man Who Displayed Handgun in Open Carry State, by Douglas Ankney
  16. California Court of Appeal Announces the People Are Not Entitled to Have Privately Retained Psychological Expert Testify at Trial of SVPA Petition, by Douglas Ankney
  17. Connecticut Supreme Court Announces ‘John Doe’ Warrant Based on Suspect’s General Description and Partial DNA Profiles, Which May or May Not Include Suspect’s DNA, Fails to Satisfy ‘Particularity Requirement’ of Fourth Amendment, by Douglas Ankney
  18. Tenth Circuit: Prisoner Convicted of Covered Drug Offense but Sentenced to Mandatory Life Sentence Via Cross Reference for Murder Under Pre-Booker Guidelines Has Standing to Request First Step Act Sentence Reduction, by Douglas Ankney
  19. NYC: The First DNA Gun Crimes Unit in America, by Harold Hempstead
  20. Sixth Circuit: Unarmed Bank Robber Who Ordered Tellers to Get on the Floor Not Subject to Enhancement for Physical Restraint, by Matthew Clarke
  21. Traditional Forensic Ballistics Comparisons Giving Way to Virtual 3D Methods, by Casey Bastian
  22. The National Registry of Exonerations 2021 Annual Report: 161 Exonerations Comprising 1,849 Years of Wrongful Imprisonment, by Casey Bastian
  23. Massachusetts Supreme Judicial Court Ends Practice of Juvenile Courts Granting Continuances for Sole Purpose of Extending Delinquent’s Period of Detention, by Douglas Ankney
  24. Mislabeling of Marijuana Products Is a National Problem, by Kevin Bliss
  25. Review of Prior Research Identifies Three Main Sources of Bias in Jury Decision-Making Processes, by Casey Bastian
  26. Police Foundations: The Impossible Task of Separating the World of Policing From the World of Corporate Money, by Casey Bastian
  27. People Convicted of Sex Crimes Remain Incarcerated 25 Years After Completing Their Prison Sentences, by Douglas Ankney
  28. Charlotte Is Ground Zero for New FBI Asset Forfeiture Tip Line Program, by Casey Bastian
  29. News in Brief
  30. Theft of Public Funds or Accounting Incompetence? Kansas Police Agencies Can’t Accurately Track Property Forfeitures, by Jacob Barrett

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