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Seventh Circuit Announces Generic Conspiracy Under U.S.S.G. § 4B1.2 Requires Bilateral Agreement, Holding Indiana Conspiracy Convictions Cannot Qualify as Crimes of Violence
by David M. Reutter
The United States Court of Appeals for the Seventh Circuit held that “conspiring” in U.S.S.G. § 4B1.2 incorporates the generic 1989 definition of conspiracy, which requires genuine agreement by at least two participants. Because Indiana Code § 35-41-5-2 also criminalizes unilateral conspiracy with an …
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More from this issue:
- Formally Available, Rarely Granted: A State Prisoner’s Guide to Federal Habeas Relief, by Richard Resch
- Federal Habeas Quick Reference Guide for State Prisoners
- Tenth Circuit Announces Resentencing After Probation Revocation Must Begin with Chapter 7 Range, Holding Chapter 5 Range Should Be Considered When Deciding Whether to Vary, by David Kim
- Sixth Circuit Holds Kentucky Deficient-Counsel Belated-Appeal Procedure Tolls Federal Habeas One-Year Limitations Period, by David M. Reutter
- Hawaii Supreme Court Announces False Evidence Standard Governs Post-Conviction Claims That Scientific Developments Invalidated Expert Testimony, Holding Prosecution Knowledge Not Required Under State Due Process Clause, by David Kim
- Second Circuit Vacates Above-Guidelines Firearm-Trafficking Sentence Based on Failure to Assist Law Enforcement and Unexplained Reliance on Factors Already Included in Guidelines Range, by Douglas Ankney
- Alaska Supreme Court Announces “Stop and Clarify” Rule Under Article I, Sections 9 and 11 of Alaska Constitution, Holding Officers Must Cease Questioning and Clarify Ambiguous Post-Waiver Request for Counsel, by David Kim
- Seventh Circuit Announces Generic Conspiracy Under U.S.S.G. § 4B1.2 Requires Bilateral Agreement, Holding Indiana Conspiracy Convictions Cannot Qualify as Crimes of Violence, by David M. Reutter
- California Supreme Court Announces Article I, Section 28(f)(3) Does Not Authorize Denial of Bail Beyond Offenses Specified in Section 12, Holding Bail Must Generally Be Set in Amount Reasonably Attainable for Defendant, by David Kim
- Ninth Circuit Reverses Convictions, Holding Requirement That Defendant Testify Before Displaying Hand Tattoos Violates Fifth Amendment, by Douglas Ankney
- Connecticut Supreme Court Holds Trial Counsel Ineffective for Failing to Challenge Misleading CSLI GeoTime Video, by David Kim
- Michigan Supreme Court Announces Two-Step Test for Mandatory LWOP Imposed for Pre-Aaron Felony Murder, by David Kim
- Ohio Supreme Court Announces Postconviction DNA-Testing Orders Need Only Identify Statutory Reason to Satisfy R.C. 2953.73(D) “Reasons” Requirement, by Douglas Ankney
- NEWS IN BRIEF
More from David M. Reutter:
- Class Action Certified in Lawsuit Alleging Raw Sewage Presence in Washington Jail, Oct. 1, 2026
- South Carolina Supreme Court Reverses Class Action Status in Prisoners’ Sexual Assault Lawsuit, Oct. 1, 2026
- Second Circuit Rules Eighth Amendment Governs Claims of Excessive Force Brought by Parole Violator, Oct. 1, 2026
- Sixth Circuit: Qualified Immunity Granted to Guard in Delayed Treatment for Prisoner who Suffered Heart Attack, Oct. 1, 2026
- New Mexico Supreme Court Announces Reasons-for-Delay Analysis Must Assess State’s Own Responsibility Rather Than Compare Parties’ Delay and Abrogates Precedent Employing Party-to-Party Offsets, Oct. 1, 2026
- Report Finds State Prison Systems Fail to Provide Adequate Assistance to Obtain Release Documentation, Oct. 1, 2026
- Eleventh Circuit Affirms Refusal to Expand Bivens to Claim Alleging Federal Prisoner Died from Denial of Treatment for Hepatitis C, Oct. 1, 2026
- Ninth Circuit Reverses Dismissal of Prisoner’s ADA Complaint Alleging Denial of Toileting and Hygiene Services, Oct. 1, 2026
- Virginia Report Finds Deaths Increasing as Prison Population Ages, Oct. 1, 2026
- Sixth Circuit Holds Kentucky Deficient-Counsel Belated-Appeal Procedure Tolls Federal Habeas One-Year Limitations Period, Sept. 1, 2026
More from these topics:
- California Court of Appeal Finds Trial Court Abused Discretion in Denying Prisoner Compassionate Release and Reverses Order, Oct. 1, 2026. Abuse of Discretion Standard, Insufficiency of the Evidence, Statutory Construction/Interpretation, Compassionate Release.
- $4,000 Awarded to Ohio Prisoner for Denied Records Requests, Oct. 1, 2026. Damages, Retroactivity, Public Records Act, Statutory Construction/Interpretation.
- Washington DOC Barred from Putting Prisoners on Lockdown and Calling It “Programming”, Sept. 1, 2026. Prison Labor, Liberty Interests, Notice of Rules, Lockdowns, Statutory Construction/Interpretation.
- Ohio Supreme Court Announces Postconviction DNA-Testing Orders Need Only Identify Statutory Reason to Satisfy R.C. 2953.73(D) “Reasons” Requirement, Sept. 1, 2026. DNA Testing/Samples, Abuse of Discretion Standard, Statutory Construction/Interpretation.
- Seventh Circuit Holds Federal Law Prohibits County Jail from Forcing Immigration Detainees to Perform Custodial Labor by Threatening Solitary Confinement, Aug. 1, 2026. Prison Labor, Control Units/SHU/Solitary Confinement, Statutory Construction/Interpretation, Immigration Detention, Monell Liability.
- New Mexico Supreme Court Holds Corrections Department Regulations Do Not Exempt Use-Of-Force Documents from Public Records Disclosure, Aug. 1, 2026. Disclosure of Records, Public Records, Public Records Act, Statutory Construction/Interpretation, Authority and Jurisdiction.
- Ohio Supreme Court Announces Post-Verdict Judgment of Acquittal Is Not “Final Verdict” Under R.C. 2945.67(A) and Overrules Contrary Precedent, Holding State May Appeal Such Judgment by Leave of Court of Appeals but Not as of Right, Aug. 1, 2026. Double jeopardy, Appealable Issues/Orders, New Trial/Judgment of Acquittal, Statutory Construction/Interpretation.
- SCOTUS Holds § 922(g)(3) Prosecution Based Solely on Regular Marijuana Use, Without Individualized Proof of Dangerousness, Violates Second Amendment, Aug. 1, 2026. Second Amendment, Marijuana Laws/Issues, Predicate Acts/Offenses.
- Pennsylvania Supreme Court Announces Theft by Deception Is Not Continuing Offense While Receiving Stolen Property Continues Only Until Defendant Disposes of Stolen Property, Aug. 1, 2026. Bribery/Extortion/Theft, Lack of Evidence, Statutory Construction/Interpretation, Statutes of Limitation and Laches.
- Ninth Circuit Announces Murder-for-Hire Resulting in Death Under 18 U.S.C. § 1958(a) Is Not Categorically Crime of Violence and Cannot Serve as Predicate Offense for Solicitation Under 18 U.S.C. § 373(a), Aug. 1, 2026. Conspiracies, Attempts, Solicitations, Statutory Construction/Interpretation, Solicitation to Commit a Crime of Violence, Concurrent and Consecutive Sentences.
