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Fourth Circuit: Counsel Ineffective for Failing to Raise Change in Sentencing Precedent Following Remand
by David M. Reutter
The U.S. Court of Appeals for the Fourth Circuit held a federal defendant was denied the effective assistance of counsel by failing to object to his designation as a career offender on the ground the conspiracy under 21 U.S.C. § 846 is broader than generic conspiracy ...
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More from this issue:
- The Inevitability of Central Bank Digital Currencies and Their Threat to Human Rights, by Anthony Accurso
- SCOTUS Announces ‘Right-to-Control’ Theory Not Valid Basis for Liability Under Federal Wire Fraud Statutes, by Richard Resch
- Texas Court of Criminal Appeals: Trial Court Deprived Defendant of Opportunity to Present Complete Defense, by Douglas Ankney
- SCOTUS: Honest-Services Fraud Jury Instructions Regarding Private Citizen Too Vague, by Richard Resch
- New Commission in Georgia Will Discipline and Remove Prosecutors Who Are Seen as Not Tough Enough on Crime, by Jo Ellen Nott
- Fifth Circuit: Placing Jacket Within Fenced-In Area of Home in Presence of Police Evidences Clear Intent Not to Abandon It, Warrantless Search Violates Fourth Amendment Rights, by Richard Resch
- California Court of Appeal Reiterates ‘Three Strikes’ Law Does Not Limit ‘Presentence’ Custody Credits, Defendant Entitled to Credits Calculated Under Penal Code § 4019, by Douglas Ankney
- Ninth Circuit: Government’s Inflammatory Arguments in Sentencing Memorandum and at Sentencing Hearing Implicitly Breached Plea Agreement Promise Not to Recommend Sentence in Excess of Low-End Guidelines Range, by Douglas Ankney
- Georgia Supreme Court Announces Overruling Longstanding Rule That Anything Filed by Defendant While Represented by Counsel Is Always a ‘Legal Nullity’, by Douglas Ankney
- Fourth Circuit: Denial of Motion for Compassionate Release Abuse of Discretion Where District Court Failed to Properly Address Numerous Health Issues, Advanced Age, and Relevant § 3553(a) Factors, by Douglas Ankney
- Fourth Circuit Declines to Enforce Appeal Waiver and Procedural Default Excused by ‘Cause and Actual Prejudice,’ Reverses Denial of § 2255 Motion to Vacate § 924(c) Conviction Based on Hobbs Act Conspiracy, by Douglas Ankney
- Saul Kassin Probes Dangerous Practices in ‘Duped: Why Innocent People Confess-and Why We Believe Their Confessions’, by James Doyle
- Fourth Circuit: Counsel Ineffective for Failing to Raise Change in Sentencing Precedent Following Remand, by David Reutter
- Fourth Circuit Holds Ineligibility for First Step Act Safety Valve Relief Requires Proof of All Three Listed Criminal History Characteristics Satisfied, Widening Circuit Split, by David Reutter
- First Circuit: Plain Error Where District Court Based Upward Variant From Sentencing Guidelines Range on New Information Not Already in the Record at the Time of Sentencing, by Douglas Ankney
- Indiana Supreme Court: Petitioner Entitled to File Belated Appeal More Than 21 Years After Conviction, Holding He Acted ‘Promptly’, by Douglas Ankney
- Fourth Circuit Announces Rehaif Applies to All § 922(g) Firearms-Possession Offenses and Applies Retroactively to Initial § 2255 Motions, by Douglas Ankney
- Arkansas Supreme Court Reverses 11 Counts of Possession of Child Pornography Because CGI Images Do Not Depict Image of a Child, by Douglas Ankney
- Specialized Police Units Hunt People for ICE, by Keith Sanders
- Banishment: Using an Ancient Solution to Address a Modern Problem, by Benjamin Tschirhart
- Police Can Get More From Your Phone Than You May Believe, by Michael Thompson
- Civilian Police With Military Equipment, by Edward Lyon
- Cops Aren’t Just Murdering People With Impunity – They Also Conduct Bogus Traffic Stops, by Anthony Accurso
- Inspector General Report: FBI Routinely Abused Access to Private Communications, by Eike Blohm, MD
- New Orleans Authorizes Facial Recognition to Identity Suspects, by Michael Thompson
- Financial Pressure Finally Brings Police Reform, by Jayson Hawkins
- The ACLU Calls for a Moratorium on Blanket Recording of ALPR Footage, by Kevin Bliss
- Police Sketch Bot Arrives, by Carlo Difundo
- Police Study Shows That Reform and Effectiveness Are Not Mutually Exclusive, by Benjamin Tschirhart
- ‘Contagion Effect’ Spreads Brutality Among Police Officers, by Eike Blohm, MD
- Memphis Police Beat Man to Death, by Kevin Bliss
- America’s Latest “War on” … Protestors, by Casey Bastian
- Minnesota Abolishes Life Without Parole for Juveniles, by Jordan Arizmendi
- Louisiana Jury Selection Illegal According to Recently Passed Bill, by Kevin Bliss
- News in Brief
More from David Reutter:
- Help Wanted: 31,000 Prison Guard Jobs Open Nationwide, Sept. 1, 2025
- Fifth Circuit Greenlights Federal Takeover of Mississippi Jail, Aug. 1, 2025
- Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies, Aug. 1, 2025
- Tenth Circuit Ruling Paves Way for $2.7 Million Settlement for Intellectually Disabled Jail Detainee Raped by Sheriff, Aug. 1, 2025
- Ninth Circuit Agrees That Former Guantanamo Detainee Lacks Grounds to Sue for Waterboarding, Aug. 1, 2025
- Qualified Immunity Denied for Iowa Prison Doctor’s MRI Delay for Non-Medical Reasons, Aug. 1, 2025
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025
- First Circuit: Prosecutor’s Breach of Plea Agreement Requires Government’s Specific Performance of Agreement, Not Specific Performance by District Court, Aug. 1, 2025
- Oregon Prisoners Can Now Seek Economic Damages for Future Lost Income More Easily, July 15, 2025
- $22.5 Million Verdict Arrives Too Late for Wrongfully Convicted Illinois Prisoner, 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.
- SCOTUS Announces Sentence ‘Has Not Been Imposed’ for Purposes of First Step Act Retroactivity Upon Resentencing When § 924(c) Offender Sentenced Prior to Act’s Enactment but Sentence Subsequently Vacated, Aug. 1, 2025. Retroactivity, First Step Act, Resentencing, Recidivist Enhancements, Stacking Mandatory Minimum Sentences.
- California Court of Appeal: Trial Court Misconstrued Elements of Implied Malice Theory of Provocative Act Murder Under Current Law and Reverses Denial of Petition for Resentencing, Aug. 1, 2025. Murder/Felony Murder, Resentencing, Failure to Prove.
- 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).
- Florida Prisoner Returns to Custody After Overturned Conviction Reinstated, May 1, 2025. False Statements/Perjury, Resentencing, Witnesses - Prior Statements/Testimony, Effect of Vacatur, Brady/Giglio/Jencks Act Issues.
- 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.