Skip navigation
Criminal Legal News

Search

More search options »
50 results
Page 2 of 3. « Previous | 1 2 3 | Next »

Third Circuit Announces First Step Act Applies Retroactively to Defendant Whose Pre-Act Sentence Vacated After Act’s Enactment
Article • September 15, 2022 • from CLN October, 2022
Filed under: First Step Act
Third Circuit Announces First Step Act Applies Retroactively to Defendant Whose Pre-Act Sentence Vacated After Act’s Enactment by Harold Hempstead by Harold Hempstead The U.S. Court of Appeals for the Third Circuit joined the Fourth, Seventh, and Ninth Circuits regarding the retroactivity of the First Step Act of 2018 (“FSA”) …
Sixth Circuit Reverses Denial of First Step Act Relief Because Sentence Imposed Is Substantively Unreasonable
Article • August 15, 2022 • from CLN September, 2022
Filed under: First Step Act
Sixth Circuit Reverses Denial of First Step Act Relief Because Sentence Imposed Is Substantively Unreasonable by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit reversed the U.S. District Court for the Eastern District of Tennessee’s denial of Michael B. Johnson, II’s motion seeking a …
Seventh Circuit: District Court’s Failure to Exercise Discretion After Erroneously Finding Defendant Ineligible for Relief Under First Step Act Was Abuse of Discretion
Article • June 15, 2022 • from CLN July, 2022
Filed under: First Step Act, Selective Prosecution/Enforcement
Seventh Circuit: District Court’s Failure to Exercise Discretion After Erroneously Finding Defendant Ineligible for Relief Under First Step Act Was Abuse of Discretion by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit ruled that the U.S. District Court for the Northern District of Illinois …
Second Circuit: Multi-Object Drug Conspiracy Involving Crack and Other Drugs Eligible for First Step Act Relief
Article • May 15, 2022 • from CLN June, 2022
Filed under: First Step Act, Fair Sentencing Act of 2010
Second Circuit: Multi-Object Drug Conspiracy Involving Crack and Other Drugs Eligible for First Step Act Relief by Dale Chappell by Dale Chappell A single federal drug offense involving both powder and crack cocaine is eligible for a reduced sentence under the First Step Act’s retroactive application of the Fair Sentencing …
Second Circuit: District Court Required to Explain Rationale for Reducing Sentence to ‘Time Served’ Under First Step Act but Refused to Reduce Supervised Release Portion of Sentence Despite Being Long...
Article • March 15, 2022 • from CLN April, 2022
Filed under: First Step Act, Probation, Parole & Supervised Release, Mandatory Minimums
Second Circuit: District Court Required to Explain Rationale for Reducing Sentence to ‘Time Served’ Under First Step Act but Refused to Reduce Supervised Release Portion of Sentence Despite Being Longer Than New Mandatory Minimum by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Second Circuit vacated …
Eighth Circuit Reiterates Statute of Conviction Determines Eligibility for Sentence Reduction Under First Step Act, Not Actual Conduct
Article • January 15, 2022 • from CLN February, 2022
Filed under: First Step Act
Eighth Circuit Reiterates Statute of Conviction Determines Eligibility for Sentence Reduction Under First Step Act, Not Actual Conduct by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eighth Circuit reiterated that it is the statute of conviction that determines First Step Act relief under the retroactive …
D.C. Circuit Joins Seven Other Circuits in Holding USSG § 1B1.13 Doesn’t Apply to Compassionate Release Motions Filed by Prisoners
Article • November 15, 2021 • from CLN December, 2021
Filed under: First Step Act, Compassionate Release
D.C. Circuit Joins Seven Other Circuits in Holding USSG § 1B1.13 Doesn’t Apply to Compassionate Release Motions Filed by Prisoners by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the D.C. Circuit joined seven other circuits and held that a compassionate release motion filed by a prisoner …
Ninth Circuit Announces All 3 Subsections Must Be Satisfied to Deny Safety-Valve Relief Under 18 U.S.C. § 3553(f)(1)
Article • October 15, 2021 • from CLN November, 2021
Filed under: First Step Act, Safety Valve
Ninth Circuit Announces All 3 Subsections Must Be Satisfied to Deny Safety-Valve Relief Under 18 U.S.C. § 3553(f)(1) by Dale Chappell by Dale Chappell In a case of first impression under the First Step Act, the U.S. Court of Appeals for the Ninth Circuit held that the word “and” in …
Tenth Circuit Announces Adoption of ‘Offense of Conviction Approach’ for Determining Sentence Reduction Under First Step Act § 404(b)
Article • October 15, 2021 • from CLN November, 2021
Filed under: First Step Act, Resentencing
Tenth Circuit Announces Adoption of ‘Offense of Conviction Approach’ for Determining Sentence Reduction Under First Step Act § 404(b) by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the District of Colorado erred in relying on the …
Tenth Circuit Joins Other Circuits, Holding Federal Offense of Conviction, Not Underlying Conduct, Determines First Step Act Eligibility
Article • September 15, 2021 • from CLN October, 2021
Filed under: First Step Act, Sentencing Goals/Purposes/Practices
Tenth Circuit Joins Other Circuits, Holding Federal Offense of Conviction, Not Underlying Conduct, Determines First Step Act Eligibility by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Tenth Circuit held that a district court is authorized to correct an erroneous career offender enhancement when a defendant …
Fourth Circuit: District Court Must Recalculate Guidelines Sentencing Range and Conduct Analysis of § 3553(a) Factors Even if Same Sentence Would Be Imposed Under First Step Act
Article • September 15, 2021 • from CLN October, 2021
Filed under: U.S. Sentencing Guidelines, First Step Act
Fourth Circuit: District Court Must Recalculate Guidelines Sentencing Range and Conduct Analysis of § 3553(a) Factors Even if Same Sentence Would Be Imposed Under First Step Act by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held that the U.S. District Court for the …
First Step Act Knocks Corrupt Baltimore Officers' Sentences from 454 Years to 20
Article • August 16, 2021
Filed under: Police Misconduct, U.S. Sentencing Guidelines, First Step Act
First Step Act Knocks Corrupt Baltimore Officers' Sentences from 454 Years to 20 by Dale Chappell by Dale Chappell Two former Baltimore police officers sentenced to a combined 454 years in federal prison had their sentences reduced to just 20 years each in May after their sentencing judge agreed that …
Sixth Circuit: District Court May Consider Disparity of Defendant’s Actual Sentence Compared With Sentence Under First Step Act When Additional Factors Present
Article • August 15, 2021 • from CLN September, 2021
Filed under: U.S. Sentencing Guidelines, First Step Act
Sixth Circuit: District Court May Consider Disparity of Defendant’s Actual Sentence Compared With Sentence Under First Step Act When Additional Factors Present by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that, in making an individualized determination about whether extraordinary and compelling reasons …
Tenth Circuit: District Courts Have Authority to Decide What Constitutes ‘Extraordinary and Compelling Reasons’ for Compassionate Release After First Step Act
Article • June 15, 2021 • from CLN July, 2021
Filed under: First Step Act, Hardship - Extraordinary, Compassionate Release
Tenth Circuit: District Courts Have Authority to Decide What Constitutes ‘Extraordinary and Compelling Reasons’ for Compassionate Release After First Step Act by Dale Chappell by Dale Chappell In a case that received much attention in the compassionate release arena, the U.S. Court of Appeals for the Tenth Circuit held on …
D.C. Circuit Highlights Racial Disparity Concerns With First Step Act After District Court Erroneously Denies Relief
Article • April 15, 2021 • from CLN May, 2021
Filed under: Racial Discrimination, First Step Act
D.C. Circuit Highlights Racial Disparity Concerns With First Step Act After District Court Erroneously Denies Relief by Dale Chappell by Dale Chappell Citing the First Step Act’s purpose of correcting the racial disparities under the severe crack cocaine sentences handed out for decades, the U.S. Court of Appeals for the …
Third Circuit Announces Prohibition Against Second Resentencing Under First Step Act Can Be Waived by Government
Article • February 15, 2021 • from CLN March, 2021
Filed under: First Step Act, Double jeopardy
Third Circuit Announces Prohibition Against Second Resentencing Under First Step Act Can Be Waived by Government by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Third Circuit handed down an opinion on December 21, 2020, holding that the prohibition against a subsequent resentencing in § 404(c) …
Seventh Circuit Joins Other Circuits Holding Any Crack Cocaine Offense Under § 841 Qualifies for First Step Act Relief
Article • February 15, 2021 • from CLN March, 2021
Filed under: First Step Act, Crack v. Powdered Cocaine
Seventh Circuit Joins Other Circuits Holding Any Crack Cocaine Offense Under § 841 Qualifies for First Step Act Relief by Dale Chappell by Dale Chappell In a case broadening the scope of relief for crack cocaine offenders under the First Step Act, the U.S. Court of Appeals for the Seventh …
Eleventh Circuit Announces Drug Offenses Involving Multiple Drugs Can Qualify as ‘Covered Offense’ Under First Step Act if Crack One of the Drugs
Article • January 15, 2021 • from CLN February, 2021
Filed under: First Step Act, Multiple Drugs
Eleventh Circuit Announces Drug Offenses Involving Multiple Drugs Can Qualify as ‘Covered Offense’ Under First Step Act if Crack One of the Drugs by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eleventh Circuit held on December 9, 2020, that as long as one of the …
First Step Act Relief Shows Modest Results
Article • December 15, 2020 • from CLN January, 2021
Filed under: U.S. Sentencing Guidelines, First Step Act, Rita v. U.S.
First Step Act Relief Shows Modest Results by Dale Chappell by Dale Chappell Coming up on the two-year anniversary of the First Step Act passed in 2018 to undo unfair sentencing practices and ease overcrowding in federal prisons, the numbers show, at best, a modest result for those who have …
Third Circuit Announces Resentencing Under First Step Act Requires Use of § 3553(a) Factors
Article • November 15, 2020 • from CLN December, 2020
Filed under: U.S. Sentencing Guidelines, First Step Act
Third Circuit Announces Resentencing Under First Step Act Requires Use of § 3553(a) Factors by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Third Circuit held on September 15, 2020, that when a district court determines that a person is eligible for sentencing relief under the …
Page 2 of 3. « Previous | 1 2 3 | Next »