×
You've used up your 3 free articles for this month. Subscribe today.
First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant
by David M. Reutter
The United States Court of Appeals for the First Circuit vacated a two-level sentencing enhancement imposed upon Djuna Goncalves after the U.S. District Court for the District of Massachusetts found he was “an organizer, leader, supervisor, or manager” under U.S. Sentencing Guidelines (“U.S.S.G.”) § 3B1.1(c). The Court ...
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.
Already a subscriber? Login
More from this issue:
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, by Douglas Ankney, James Mills
- Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments, by Sam Rutherford
- D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination, by Anthony Accurso
- A Gift America Can’t Return: The Police State Is America’s New Crime Boss, by Nisha Whitehead, John W. Whitehead
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, by David Reutter
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, by Sam Rutherford
- Examining Pro-Prosecution Bias in the Judiciary: Unconscious Biases of a Prosecutorial Background, by Casey Bastian
- 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, by Anthony Accurso
- California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, by Douglas Ankney
- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, by Sam Rutherford
- Reining in Police Monitoring of Social Media, by Michael Thompson
- Study: DNA Transfer in Social Settings, by Michael Thompson
- 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, by Sam Rutherford
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, by David Reutter
- 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, by Sam Rutherford
- First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased, by Anthony Accurso
- Police Departments Are Now Using AI to Write Reports, by Anthony Accurso
- California Court of Appeal Announces Equal Protection Entitles Youth Offenders Convicted of Special Circumstances Murder Predicated on Robbery or Burglary to Franklin and Parole Hearings Under Cal. Penal Code § 3051, by Sam Rutherford
- Law Enforcement Obscures Use of Facial Recognition Technology, by Sam Rutherford
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, by David Reutter
- News in Brief
- Study Reveals Best DNA Recovery Spots on Drug Baggies, by James Mills
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:
- Third Circuit: Despite ‘Expressly and Repeatedly’ Requesting Low-End Sentence, Government Breached Plea Agreement by Emphasizing ‘Heinous’ Nature of Offense and Presenting Victim-Impact Evidence at Sentencing Thereby Undermining Recommendation, Dec. 1, 2024. U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Reduction of Sentence, Proffer Agreements/Statements/Sessions.
- Third Circuit District Court Erred by Failing to Consider Mitigating Evidence Under § 3553(a) Because It Mistakenly Believed Such Grounds Already Taken Into Consideration Based on Safety-Valve, Minor Role, and Acceptance of Responsibility Departures in, Oct. 1, 2024. U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Sentences - Adjustments and Departures, Disclosure Obligations.
- Seventh Circuit Vacates Sentence Where District Court Improperly Imposed Leadership Enhancement, April 15, 2021. Sentence Enhancements/Departures, Mitigating Role/Circumstances/Evidence, Distribution Enhancement.
- SCOTUS Vacates Grant of Habeas Relief, Citing Habeas ‘Deference’ to State Court Decisions, Jan. 15, 2021. Habeas Corpus, AEDPA, Ineffective Assistance of Counsel, Mitigating Role/Circumstances/Evidence.
- Payton v. Woodward, No. 00-99000 (9th Cir.) (346 F.3d 1204) (October 20, 2003) (Judge Richard A. Paez), Dec. 1, 2003. Punch And Jurists, Mitigating Role/Circumstances/Evidence.
- U.S. v. Ruiz, No. 01 CR.864 (S.D.N.Y.) (246 F.Supp.2d 263) (November 27, 2002) (Judge Gerard E. Lynch), May 1, 2003. Punch And Jurists, Mitigating Role/Circumstances/Evidence.
- U.S. v. Miranda-Ramirez, No. 01-4096 (10th Cir.) (309 F.3d 1255) (October 31, 2002) (Judge Terrence L. O'Brien), Dec. 1, 2002. Punch And Jurists, Mitigating Role/Circumstances/Evidence.
- U.S. v. Garcia, No. 99-51091 (5th Cir.) (242 F.3d 593) (February 15, 2001) (Judge Samuel B. Kent), Jan. 1, 2001. Punch And Jurists, Mitigating Role/Circumstances/Evidence.
- U.S. v. Rosario-Peralta, No. 97-2084 (1st Cir.) (199 F.3d 552) (December 23, 1999) (Judge Juan R. Torruella), Feb. 1, 2000. Punch And Jurists, Mitigating Role/Circumstances/Evidence.
- U.S. v. Campbell, No. 97-4076 (11th Cir.) (139 F.3d 820) (April 21, 1998) (Judge Joseph Woodrow Hatchett), May 1, 1998. Punch And Jurists, Mitigating Role/Circumstances/Evidence.
