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Fifth Circuit Announces Revocation Judgments for Violation of Supervised Release Vacated Because Underlying Sentence Vacated
Loaded on Feb. 15, 2024
by Anthony Accurso
published in Criminal Legal News
February, 2024, page 26
Filed under:
U.S. Sentencing Guidelines,
Resentencing,
Revocation/Modification of Probation, etc.,
Revocation Proceedings.
Location:
Texas.
by Anthony W. Accurso
The U.S. Court of Appeals for the Fifth Circuit held that a defendant’s revocation sentences were nullified after the underlying sentence of which they were a part was vacated.
Eddie Lipscomb was convicted in 2008 of being a felon in possession of a firearm under 18 ...
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More from this issue:
- Geofence Warrants: The Mass Location Surveillance and Privacy Threat Created by Google May Be Eliminated by Its Creator, by Anthony Accurso
- Minnesota Supreme Court Announces Odor of Marijuana Alone Emanating From Vehicle Insufficient for Probable Cause to Search Under Automobile Exception, by Anthony Accurso
- Michigan Supreme Court: Defendant’s Statements Involuntary and Inadmissible, by Douglas Ankney
- Tales From the ‘Tails’ of Bloodstains, by Douglas Ankney
- New Jersey Supreme Court Excludes CSLI Testimony Based on Agent’s ‘Rule Of Thumb’ Method for Determining Defendant’s Location, by Anthony Accurso
- New Night-Vision Capable Drone Marketed to Police, by Anthony Accurso
- Missouri Supreme Court Orders Dismissal of Pending Charges Where Trial Court Failed to Bring Prisoner to Trial Within 180-Day Limitations Period Provided for in ‘Interstate Agreement on Detainers’, by Douglas Ankney
- Third Circuit: Defendant Not on Rental Agreement Had Reasonable Expectation of Privacy in Car Because He Had Dominion and Control of Car Where Renter Gave Keys to Him, He Was in Possession of Them Upon Arrest, and Car Parked Nearby, by Anthony Accurso
- NYPD Has Spent Millions of Dollars on Social Media Analysis Tools, by Jo Ellen Nott
- New York Court of Appeals: Forensic Findings Establishing Possible Alternative Cause of Injuries in Sex-Crime Prosecution Admissible Under ‘Interest of Justice’ Exception to Rape Shield Law, by David Reutter
- The Diminishment of Miranda Is Leading to False Confessions and Conviction of Innocents, by David Reutter
- FBI Works to Expand Court Authority for Its Offensive Cyber Operations, by Anthony Accurso
- Fifth Circuit Announces Revocation Judgments for Violation of Supervised Release Vacated Because Underlying Sentence Vacated, by Anthony Accurso
- Third Circuit: Defense Counsel Ineffective Under Strickland Where Counsel Sat Silent After Judge Threatened to Charge Witness With Perjury Unless Testimony Changed, by Douglas Ankney
- Study Raises Alarms About Inaccuracies and Bias in Gun Forensics Reporting, by Jo Ellen Nott
- Ninth Circuit Announces District Courts Must Either Orally Pronounce All Discretionary ‘Standard’ Conditions of Supervised Release in the Presence of Defendant or Provide Conditions in Writing Prior to Sentencing, by Douglas Ankney
- The Problem with Some Non-Carceral Punishments, by Carlo Difundo
- Researchers Find Fiber Evidence Lasts Longer Underwater Than Previously Thought, by Jo Ellen Nott
- Who Let the Dogs Out? Robotic Dogs Are the Newest (and Scariest) Surveillance Tech in U.S. Police Departments, by Jo Ellen Nott
- After Ohio Becomes 24th State to Legalize Recreational Marijuana, What Next?, by Jordan Arizmendi
- DHS Allows CBP and ICE Officers to Create Fake Social Media Profiles to Track Subjects of Interest and Conduct Investigations, by Jo Ellen Nott
- Fourth Circuit: Walking Past Unoccupied Home With Bulging Pocket and Attempting to Evade Neighborhood Tipster Insufficient for Reasonable Suspicion to Seize and Search, by Anthony Accurso
- Harris County, Texas, Settles Civil Rights Case for $1.5 Million Brought by Innocent Man Shot in His Home Five Times by Trigger-Happy Deputy, by Jo Ellen Nott
- DEA’s Domestic Surveillance Mission Creep: Beyond Drugs, Beyond Protests, by Jo Ellen Nott
- New Mexico Supreme Court Announces Marquez’s Holding That ‘Crime of Shooting at or From Motor Vehicle Cannot Be Predicate Felony Supporting Charge of Felony Murder’ Is New Substantive Rule and Applies Retroactively, by Douglas Ankney
- The Potential Privacy Threat of Generative AI, by Michael Thompson
- Pennsylvania Supreme Court: Testimonial References to Post-Arrest Silence Cannot Be Used Against Defendant at Trial, Pre-Arrest Harmless Error Analysis Does Not Apply, by Anthony Accurso
- Evidence Shows When Researchers Work Alongside Cops in the Field, De-escalation Training Is Implemented and Effective, by Douglas Ankney
- Data Mining: Law Enforcement Pays Cash for Your Private Data and Saves on the Hassle of Complying With the Fourth Amendment, by Douglas Ankney
- Sixth Circuit Announces Due Process Right to ‘Prompt’ Post-Seizure Hearing While Government Deciding Whether to Initiate Forfeiture Proceedings and Holds Wayne County’s Vehicle Forfeiture Program Violates Due Process, by Matthew Clarke
- Idaho Supreme Court Announces Adoption of ‘Primary Purpose’ Standard for Reviewing Police Decision to Impound Vehicles and Conduct Inventory Search to Prevent Pretextual Searches in Violation of Fourth Amendment, by Anthony Accurso
- Steady Improvement in Techniques for the Analysis of Degraded DNA, by Douglas Ankney
- Indiana Supreme Court Announces Civil Forfeiture Triggers Right to Jury Trial, by Matthew Clarke
- Study Finds Public Defenders’ Heavy Workloads Prevent Effective Representation, Amendments to 50-Year-Old Guidelines Recommended, by Douglas Ankney
- Kentucky Supreme Court: Trial Court Abused Discretion by ‘Rehabilitating’ Juror Who Indicated Could Not Be Impartial and Failing to Strike Juror, by David Reutter
- Identification Via DNA, Fingerprints, and 3D Scanning of Footwear, by Douglas Ankney
- Vendors Late to Recognize the Serious Threat of Cell-Site Simulators, by Michael Thompson
- Car Culture Dramatically Increases Number of Cop Confrontations, by Matthew Clarke
- News in Brief
More from Anthony Accurso:
- Ninth Circuit: No Exception to Due Diligence in Discovery Even for “Conclusive Evidence”, May 1, 2025
- Massachusetts Supreme Judicial Court: Defense Counsel Had Actual Conflict of Interest Where Own Performance During Police Interview of Defendant Could Serve as Basis of Motion to Suppress Based on Ineffective Assistance of Counsel, New Trial Required W, March 15, 2025
- Fourth Circuit Reverses Denial of Counsel for “Low IQ” North Carolina Prisoner, March 1, 2025
- Eighth Circuit Affirms Denial of Qualified Immunity to Arkansas Jailers Who Ignored Detainee’s Spider Bite, March 1, 2025
- New Mexico Settles Suit Alleging Failure To Implement Expanded Voting For Felons, March 1, 2025
- D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination, Feb. 15, 2025
- $220,000 Settlement After Woman Dies in Ohio Jail From Drug Withdrawal, Feb. 15, 2025
- Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed, Feb. 15, 2025
- First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased, Feb. 15, 2025
- Police Departments Are Now Using AI to Write Reports, Feb. 15, 2025
More from these topics:
- Alabama Governor Commutes Death Sentence, May 1, 2025. Death Penalty/Death Row, Resentencing.
- Virginia Parole Board Skirts New Transparency Rules, Governor Walks Back Expanded Sentence Credits—Again, March 1, 2025. Local Rules, U.S. Sentencing Guidelines, Probation, Parole & Supervised Release, Credits.
- Former South Carolina Jailer Spared Prison After Testimony Fails to Convict Former Sheriff, Feb. 15, 2025. Guard Brutality/Beatings, U.S. Sentencing Guidelines, Sentences - Adjustments and Departures, Offense of Conviction.
- California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, Feb. 15, 2025. Disclosure of Records, Police, Brady Violations, Murder/Felony Murder, Resentencing, Prior Conviction/Sentence/Incarceration, Evidence - Admissibility.
- Massachusetts Supreme Court Vacates Threat-Based Conviction on First Amendment Grounds Because Jury Instructions Failed to Include Mens Rea Element Mandated by Counterman for ‘True-Threat’ Conviction, Feb. 15, 2025. Jury Instructions, Resentencing, Threats, Negligence/Reckless Endangerment.
- First Step Act Linked to Modest Reductions in Time Served by Federal Prisoners, Feb. 1, 2025. First Step Act, Resentencing, Credits.
- California Court of Appeal Announces Youthful Defendants Sentenced to Terms ‘Functionally Equivalent’ to LWOP Entitled to Resentencing Under § 1170(d), Feb. 1, 2025. Life without Parole (LWOP), Resentencing, Juvenile Offenses/Offenders.
- The Murky Waters of Parole, Feb. 1, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Parole Liability, Probation, Parole & Supervised Release.
- Oregon Supreme Court: Governor Can’t Revoke Commutation After Sentence Expires, Jan. 15, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Resentencing, Revocation Proceedings, Overreaching.
- Biden Commutes Sentences of Most Federal Prisoners on Death Row, Jan. 15, 2025. Alternative Sentencing, Death Penalty/Death Row, Resentencing.