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First Circuit Holds Government Breached Plea Agreement by Implicitly Arguing for Upward Variant Sentence by Including Pictures and Video of Defendant That Allegedly Depict His Criminal Tendencies in Sentencing Memo

Loaded on Dec. 15, 2024 by Sam Rutherford published in Criminal Legal News January, 2025, page 24
Filed under: U.S. Sentencing Guidelines, Grounds for Variance, 18 U.S.C. § 3582(c)(2), Plea Agreements/Guilty Pleas, Grounds. Location: Puerto Rico.

by Sam Rutherford

The U.S. Court of Appeals for the First Circuit held that the Government implicitly breached its plea agreement with the defendant where it agreed to recommend a sentence no higher than the top-end of the sentencing Guidelines range by submitting a sentencing memorandum detailing the defendant’s criminal ...

 

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More from this issue:

  1. Oregon Supreme Court Announces 60-Day Limit on Pretrial Custody Applies to Retrials, by Matthew Clarke
  2. Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, by Anthony Accurso
  3. Understanding Timestamps in Digital Forensics, by Michael Thompson
  4. Protect Yourself Against Police Invasion of Your Cellphone, by Douglas Ankney
  5. Touch-Transfer DNA Remains Misunderstood and Still Poses High Risk of Wrongful Conviction, by J.D. Schmidt
  6. From the Editor, by Richard Resch
  7. Illinois Supreme Court Announces Dismissal by Nolle Prosequi as Part of Agreement Bars State From Bringing Second Prosecution Where Defendant Satisfied Obligations and Reverses Empire Actor Jussie Smollett’s Conviction, by Sam Rutherford
  8. Third Circuit Announces Claim of Innocence Does Not Resolve Whether Defendant Would Have Accepted Plea Offer Absent Counsel’s Error and Holds Counsel Ineffective for Failing to Properly Advise Defendant About Mandatory Sentences If Plea Offer Rejected, by Sam Rutherford
  9. You’d Better Watch Out: The Surveillance State Is Making a List, and You’re On It, by Nisha Whitehead, John W. Whitehead
  10. Kansas Supreme Court Announces Defendant-Witness Retains Fifth Amendment Privilege Against Compelled Self-Incrimination After Guilty Plea and Sentencing as Long as Testimony Sought Presents Legitimate Risk of Incrimination, by Sam Rutherford
  11. First Circuit Holds Government Breached Plea Agreement by Implicitly Arguing for Upward Variant Sentence by Including Pictures and Video of Defendant That Allegedly Depict His Criminal Tendencies in Sentencing Memo, by Sam Rutherford
  12. California Supreme Court Announces Retroactivity of 2022 Version of Penal Code § 1170 to Upper-Term Sentences Imposed Before Its Enactment, by Sam Rutherford
  13. Colorado Supreme Court Announces When Deciding Defendant’s Pro Se Motion Requesting Counsel on Postconviction Review, Trial Court Must Either Deny Entire Motion or Permit All Claims If Any Have Arguable Merit, by Sam Rutherford
  14. Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits, by Sam Rutherford
  15. Recovering Deleted Messages, by Michael Thompson
  16. Scent of Death Evidence Admitted at Indiana Murder Trial, by Sam Rutherford
  17. Washington Supreme Court Declines to Expand Scope of Attenuation Doctrine Under State Constitution and Reverses Murder Conviction Based on Unlawfully Seized, by Sam Rutherford
  18. Why Aren’t Eligible Individuals Taking Advantage of Expungement Laws?, by Michael Thompson
  19. Las Vegas Jury Finds Detectives Fabricated Evidence Against Woman Who Spent 15 Years in Prison for Murder and Awards Her $34 Million, by James Mills
  20. Maryland Supreme Court Announces New Constitutional Rule Requiring Voir Dire Questions Related to Child-Witness Credibility and Abrogates Prior Inconsistent Case Law, by Sam Rutherford
  21. Eleventh Circuit Announces Defendant Must Know Leaving Residential Facility Without Permission Is ‘Unlawful’ for Escape Conviction Under 28 U.S.C. § 4082(a), by Matthew Clarke
  22. California Court of Appeal Announces Postconviction Discovery Permitted in Resentencing Under Penal Code § 1172.6 for Felony Murder and Natural and Probable Consequences Murder Convictions, by Sam Rutherford
  23. Federal Law Enforcement Using Banks to Circumvent Warrant Requirement in Surveilling Sensitive Financial Data of Americans, by James Mills
  24. Seventh Circuit Announces Maximum Revocation Sentence for Violation of Supervised Release Based on Classification of Underlying Offense at Time of Conviction, Not at Time of Revocation, by Sam Rutherford
  25. Sixth Circuit Announces Ohio’s Standard for Judicial Bias Contrary to Clearly Established Federal Law, Holds Trial Judge Unconstitutionally Biased in Capital Case and Defendant Denied Right to Present Mitigating Evidence, Grants Habeas Relief, by Sam Rutherford
  26. DNA on Fired Cartridge Casings: Promising Advances to Link Suspects to Crime Scenes
  27. News in Brief

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