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Articles by David Reutter

Third Circuit, Joining Every Other Circuit That’s Addressed the Issue, Holds Hobbs Act Robbery Does Not Qualify as ‘Crime of Violence’

by David M. Reutter

In a precedential ruling, the U.S. Court of Appeals for the Third Circuit held that Hobbs Act robbery does not qualify as a “crime of violence” under the career-offender sentence enhancement in U.S. Sentencing Guidelines (“U.S.S.G.”), § 4B1.2(a).

The Court’s opinion was issued in an appeal ...

Pandemic Pressures Defendants into False Guilty Pleas

by David M. Reutter

The majority of people held in jails throughout the U.S. have not been convicted of a crime. They are more inclined to accept plea offers to secure immediate release from incarceration. A recent study found that “the added risk of COVID exposure in jail made participants-defendants ...

Texas Court of Criminal Appeals: Trial Court Abused Discretion by Refusing to Allow Withdrawal of Jury-Trial Waiver for Defendant Who Ultimately Rejected Plea Deal

by David M. Reutter

The Court of Criminal Appeals of Texas held that a trial court abused its discretion in denying a defendant’s request to withdraw his jury-trial waiver after he rejected the State’s plea offer.

The Court’s opinion was issued in an appeal filed by Jose Cesar Sanchez. He ...

California Supreme Court Announces Standard of Review and Required Showing for Prejudicial Error Under § 1473.7 to Vacate Plea Due to Lack of Understanding of Immigration Consequences

by David M. Reutter

The Supreme Court of California issued an order that set the standard of review for motions filed under Penal Code § 1473.7 (Motion to vacate conviction or sentence by person no longer imprisoned or restrained). It then reviewed the motion on appeal and found the movant ...

Snitch Visas: A Pipe Dream

by David M. Reutter

When Nervin Coronado was charged in 2009 with participating in a mortgage fraud scheme, he faced more than just prison time. He faced deportation because he immigrated to the U.S. at the age of 12 and never became a U.S. citizen.

Like others before him, Coronado ...

D.C. Circuit: Government Breached Plea Agreement by Violating Ambiguous Terms, Ambiguities Resolved in Favor of Defendants, Sentence Vacated

by David M. Reutter

The U.S. Court of Appeals for the District of Columbia Circuit held that a plea agreement was ambiguous as to the Government’s ability to oppose Safety Valve relief on grounds the defendant was a supervisor or manager in a drug conspiracy. It ordered resentencing that was ...

Montana Supreme Court: Defendant’s Due Process Rights Violated by Delayed Initial Appearance for Two Years While Jailed in New York on Out-of-State Warrant

by David M. Reutter

The Supreme Court of Montana held that a defendant’s due process rights were violated by the State’s failure to bring him before a judge for two years after arrest. The Court vacated the probation revocation sentence and dismissed the State’s petition to revoke with prejudice.

The ...

Missouri Supreme Court: IAC Where Guilty Plea Based on Counsel’s Assurance Defendant Eligible for Drug Treatment Program When, as Matter of Law, Ineligible

by David M. Reutter

The Supreme Court of Missouri held that a defendant’s guilty plea was the result of ineffective assistance of counsel due to counsel misinforming the defendant that he qualified for the long-term drug program (“LTDP”) under RSMO § 217.362 that he was, as a matter of law, ...

Hawaii Supreme Court Announces Five-Factor Test in Determining Whether There’s ‘Fair and Just Reason’ to Withdraw Plea

by David M. Reutter

The Supreme Court of Hawaii held that a trial court abused its discretion in denying a defendant’s motion to withdraw his no contest plea before sentencing. The Court’s ruling announced a five-factor test for trial courts to use in evaluating whether a fair and just reason ...

"Eighth Circuit: Government Breached Plea Agreement by Endorsing PSR’s Calculation of Higher Base Offense Level Than Plea Agreement, Curing Breach Not Recognized in Circuit"

by David M. Reutter

The U.S. Court of Appeals for the Eighth Circuit held that the Government breached a plea agreement because the Government endorsed a base offense level in the Presentence Investigative Report (“PSR”) that was higher than the base offense level in the plea agreement.

The Court’s opinion ...

 

 

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