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First Circuit Announces What Constitutes ‘Otherwise Using’ a Dangerous Weapon for Purposes of the Four-Level Enhancement Under Guidelines § 2B3.1(a)
Loaded on May 15, 2025
by Sagi Schwartzberg
published in Criminal Legal News
June, 2025, page 19
Filed under:
U.S. Sentencing Guidelines,
Probation,
Sentence Enhancements/Departures.
Location:
Puerto Rico.
The United States Court of Appeals for the First Circuit held that the U.S. District Court for the District of Puerto Rico improperly applied the four-level sentencing enhancement for “otherwise using” a dangerous weapon under U.S. Sentencing Guidelines (“Guidelines”) § 2B3.1(a) to the defendant’s sentence for carjacking because the District Court ...
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More from this issue:
- Policing the Vulnerable: The Criminalization of Disability, by Casey Bastian
- Maryland Reforms Offer Second Chances on Expungement and Parole, by Jo Ellen Nott
- First Circuit Announces What Constitutes ‘Otherwise Using’ a Dangerous Weapon for Purposes of the Four-Level Enhancement Under Guidelines § 2B3.1(a), by Sagi Schwartzberg
- Car Subscriptions: Another Means of Mass Surveillance by Law Enforcement, by David Kim
- The Crushing Toll of Ohio’s Death Penalty: A Billion-Dollar Failure, by David Kim
- Facial Recognition at the Border: CBP’s Push to Scan Every Car Passenger Sparks Privacy Concerns, by David Kim
- South Carolina Supreme Court Announces Traditional Four-Element Standard for When Person Has Right to Use Deadly Force in Self-Defense Not Applicable to Non-Deadly Force Self-Defense Analysis, by Richard Resch
- Fingerprints as New Drug-Detection Method, by James Mills
- Mississippi Supreme Court Vacates Convictions, Holding Multiple Errors by State Resulted in ‘Legal Chaos’ That Deprived Defendant of Right to Fair Trial Under ‘Cumulative-Error Doctrine’, by Jeffrey Cohen
- News in Brief
More from Sagi Schwartzberg:
- First Circuit Announces What Constitutes ‘Otherwise Using’ a Dangerous Weapon for Purposes of the Four-Level Enhancement Under Guidelines § 2B3.1(a), May 15, 2025
- Arkansas Supreme Court Rules § 16-93-609(b)(2)(B), Relating to Parole Eligibility for Residential Burglary Conviction, Applies Retroactively to Defendant, April 15, 2025
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025
- Ninth Circuit Announces Attorney Cannot Be Compelled to Provide ‘Privilege Log’ Protected Under Fisher if Doing So Would Undermine Client’s Fifth Amendment ‘Act-of-Production Privilege’ and Attorney-Client Privilege, April 15, 2025
- Nebraska Supreme Court Announces ‘Working Days’ for Purposes of ‘Temporary Domicile’ SORA Reporting Requirement Means Weekdays, Excluding Legal Holidays, and Reverses Conviction for Failure to Register, March 15, 2025
- Pennsylvania Supreme Court Announces Commonwealth Must Prove Beyond a Reasonable Doubt Offender Knew of SORNA Registration Obligations for Failure to Register Conviction, March 15, 2025
More from these topics:
- ACLU Sues BOP Over Failure to Implement First Step Act Release Credits, May 1, 2025. U.S. Sentencing Guidelines, First Step Act, Bureau of Prisons (BOP).
- Fourth Circuit: District Court Erred in Imposing ‘Managerial Role’ Enhancement Under Guidelines § 3B1.1(b) Without Making ‘Particularized Findings’ Regarding Scope of Criminal Activity and Number of Participants as Required by Guidelines §1B1.1, April 15, 2025. Sentence Enhancements/Departures, Joint Participant, Scope/Standard of Review.
- Arkansas Supreme Court Rules § 16-93-609(b)(2)(B), Relating to Parole Eligibility for Residential Burglary Conviction, Applies Retroactively to Defendant, April 15, 2025. U.S. Sentencing Guidelines, Resentencing, Bank Fraud/Robbery/Theft, Probation, Parole & Supervised Release, Eligibility for Parole.
- Fifth Circuit Announces Definition of ‘Controlled Substance’ in Effect at Time of Current Sentencing Applies for Purposes of Career-Offender Enhancement, Not Definition at Time of Prior Sentencings, March 15, 2025. Controlled Substances, Career Offenders, Sentence Enhancements/Departures.
- California Court of Appeal Vacates Sentence Where Trial Court Imposed Sentence Under ‘One Strike’ Enhancement Statute Enacted After Crimes Were Committed, March 15, 2025. Battered Child/Spouse Evidence, Sentence Enhancements/Departures, Sexual Abuse/Harrassment/Exploitation.
- 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: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025. Prison Gangs, Kidnapping, Abduction or Unlawful Restraint, Insufficiency of the Evidence, Sentence Enhancements/Departures, Gang Membership.
- California Court of Appeal Strikes Prison Prior Enhancement for Invalid Predicate Offense Under § 1172.75 Despite Concurrently Served Valid Predicate, Feb. 1, 2025. Sentence Enhancements/Departures, Predicate Acts/Offenses, Concurrent and Consecutive Sentences.
- Ninth Circuit Announces California Assault With Deadly Weapon Conviction Not ‘Crime of Violence’ for Career Offender Enhancement Under Sentencing Guidelines, Feb. 1, 2025. Career Offenders, Gun Laws/Crimes, Sentence Enhancements/Departures.
