Skip navigation
Criminal Legal News
The Habeas Citebook: Prosecutorial Misconduct - Header
× You've used up your 3 free articles for this month. Subscribe today.

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

Loaded on June 15, 2023 by Douglas Ankney published in Criminal Legal News July, 2023, page 22
Filed under: War on Drugs, U.S. Sentencing Guidelines, Remands/Rehearings/Resentencings, Validity of. Location: Washington.

by Douglas Ankney

The U.S. Court of Appeals for the Ninth Circuit ruled that the Government’s inflammatory arguments in its sentencing memorandum and at the sentencing hearing implicitly breached the plea agreement because the sole effect of the arguments was to increase the defendant’s sentence beyond the low-end of the ...

 

Full article and associated cases available to subscribers.

As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.

Subscribe today

Already a subscriber? Login

More from this issue:

  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
  4. SCOTUS: Honest-Services Fraud Jury Instructions Regarding Private Citizen Too Vague, by Richard Resch
  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
  11. 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
  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
  16. Indiana Supreme Court: Petitioner Entitled to File Belated Appeal More Than 21 Years After Conviction, Holding He Acted ‘Promptly’, by Douglas Ankney
  17. Fourth Circuit Announces Rehaif Applies to All § 922(g) Firearms-Possession Offenses and Applies Retroactively to Initial § 2255 Motions, by Douglas Ankney
  18. Arkansas Supreme Court Reverses 11 Counts of Possession of Child Pornography Because CGI Images Do Not Depict Image of a Child, by Douglas Ankney
  19. Specialized Police Units Hunt People for ICE, by Keith Sanders
  20. Banishment: Using an Ancient Solution to Address a Modern Problem, by Benjamin Tschirhart
  21. Police Can Get More From Your Phone Than You May Believe, by Michael Thompson
  22. Civilian Police With Military Equipment, by Edward Lyon
  23. Cops Aren’t Just Murdering People With Impunity – They Also Conduct Bogus Traffic Stops, by Anthony Accurso
  24. Inspector General Report: FBI Routinely Abused Access to Private Communications, by Eike Blohm, MD
  25. New Orleans Authorizes Facial Recognition to Identity Suspects, by Michael Thompson
  26. Financial Pressure Finally Brings Police Reform, by Jayson Hawkins
  27. The ACLU Calls for a Moratorium on Blanket Recording of ALPR Footage, by Kevin Bliss
  28. Police Sketch Bot Arrives, by Carlo Difundo
  29. Police Study Shows That Reform and Effectiveness Are Not Mutually Exclusive, by Benjamin Tschirhart
  30. ‘Contagion Effect’ Spreads Brutality Among Police Officers, by Eike Blohm, MD
  31. Memphis Police Beat Man to Death, by Kevin Bliss
  32. America’s Latest “War on” … Protestors, by Casey Bastian
  33. Minnesota Abolishes Life Without Parole for Juveniles, by Jordan Arizmendi
  34. Louisiana Jury Selection Illegal According to Recently Passed Bill, by Kevin Bliss
  35. News in Brief

More from Douglas Ankney:

More from these topics:

 

 

Disciplinary Self-Help Litigation Manual - Side
CLN Subscribe Now Ad
The Habeas Citebook: Prosecutorial Misconduct Side