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Fourth Circuit: Counsel Ineffective for Failing to Raise Change in Sentencing Precedent Following Remand

Loaded on June 15, 2023 by David Reutter published in Criminal Legal News July, 2023, page 33
Filed under: U.S. Sentencing Guidelines, Resentencing, Per se ineffectiveness. Location: Maryland.

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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  1. The Inevitability of Central Bank Digital Currencies and Their Threat to Human Rights, by Anthony Accurso
  2. SCOTUS Announces ‘Right-to-Control’ Theory Not Valid Basis for Liability Under Federal Wire Fraud Statutes, by Richard Resch
  3. Texas Court of Criminal Appeals: Trial Court Deprived Defendant of Opportunity to Present Complete Defense, by Douglas Ankney
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  5. New Commission in Georgia Will Discipline and Remove Prosecutors Who Are Seen as Not Tough Enough on Crime, by Jo Ellen Nott
  6. 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
  7. 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
  8. 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
  9. Georgia Supreme Court Announces Overruling Longstanding Rule That Anything Filed by Defendant While Represented by Counsel Is Always a ‘Legal Nullity’, by Douglas Ankney
  10. 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
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  12. Saul Kassin Probes Dangerous Practices in ‘Duped: Why Innocent People Confess-and Why We Believe Their Confessions’, by James Doyle
  13. Fourth Circuit: Counsel Ineffective for Failing to Raise Change in Sentencing Precedent Following Remand, by David Reutter
  14. 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
  15. 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
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  35. News in Brief

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