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Ninth Circuit Clarifies ‘Implicit Breach’ Case Law Regarding When Government Breaches Plea Agreement by Responding to Defendant’s Request for Downward Variant Sentence by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit, sitting en banc, clarified when the Government breaches its promise in a plea …
California Coalition for Women Prisoners v. USA Bureau of Prisons, CA, Order Denying Motion to Dismiss, Sexual Abuse, 2024 Case 4:23-cv-04155-YGR Document 385 Filed 09/05/24 Page 1 of 18 1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 CALIFORNIA COALITION FOR WOMEN PRISONERS, ET AL., ORDER …
California Court of Appeal Announces Correct Legal Standard for Whether Dismissal of Sentence Enhancement Would ‘Endanger Public Safety’ Under § 1385(c)(2) Is Dangerousness at Time of Future Release, Not at Time of Resentencing Under SB 1393 by Matthew Clarke by Matt Clarke The Court of Appeal of California, Fourth Appellate …
SCOTUS: Jury, Not Judge, Must Determine Whether Defendant’s Prior Offenses Were Committed on ‘Occasions Different From One Another’ for Enhanced Sentence Under Armed Career Criminal Act by Sam Rutherford by Sam Rutherford The Supreme Court of the United States held that a jury must determine beyond a reasonable doubt whether …
Article • June 15, 2024 • from CLN June, 2024
Filed under: Notice - Adequacy of
California Supreme Court: Defendant Has Due Process Right to Notice of Prosecution’s Election to Seek Enhanced Sentence in Order to Make Key Decisions About Defense by Douglas Ankney by Douglas Ankney   Resolving a split among the Courts of Appeal, the Supreme Court of California ruled that a defendant has …
No Human Being Should Be Held There - THE MISTREATMENT OF LGBTQ AND HIV POSITIVE PEOPLE IN U.S. FEDERAL IMMIGRATION JAILS-June 2024 “No Human Being Should Be Held There” The Mistreatment of LGBTQ and HIV-Positive People in U.S. Federal Immigration Jails JUNE 2024 No Human Being Should Be Held There …
Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for the Southern District of …
Federal Sentencing Guidelines Undergo Substantial Amendments by David Reutter by David M. Reutter The United States Sentencing Commission (“Commission”) adopted nine amendments to the Federal Sentencing Guidelines (“Guidelines”) that became effective on November 1, 2023. It’s the first action by the Commission since it lost a quorum in early 2019. …
First Circuit: Justification for Upward Sentencing Departure Following Supervised Release Revocation Must Be Ade-quately Explained by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the First Circuit held that the U.S. District Court for the District of Puerto Rico’s upward variant sentence after revocation of supervised release …
Brief • November 2, 2023
USA v. Prince, IL, Memo Opinion and Order, Felon in Possession of Firearm, 2023 Case: 1:22-cr-00240 Document #: 73 Filed: 11/02/23 Page 1 of 22 PageID #:576 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION UNITED STATES OF AMERICA, Plaintiff, v. GLEN PRINCE, Defendant. …
Article • September 1, 2023 • from CLN September, 2023
Sixth Circuit Holds Bump Stocks Not Regulated Under Machinegun Statute by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Sixth Circuit weighed in on the ongoing Circuit split of whether a “bump stock” – placement of which on a semiautomatic rifle enables it to function …
Third Circuit: Pennsylvania Second-Degree Aggravated Assault of a Protected Individual Not a ‘Violent Felony’ Under ACCA, Court Acknowledges ‘Bizarre Result’ by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Third Circuit held that second-degree aggravated assault of a protected individual in violation of 18 Pa. …
Article • September 1, 2023 • from CLN September, 2023
Arizona Blowfly Database Develops Empirical Support for Time of Death Estimation by Anthony Accurso by Anthony W. Accurso A research project in Arizona seeks to develop support for a method of determining time of death by cataloging information about blowfly species. The gases emitted by a corpse can attract nearby …
Article • September 1, 2023 • from CLN September, 2023
New York Court of Appeals: Call Intercepted on Wiretap Not Exempt From Statutory Notice Requirements Simply Because Same Call Captured on Separate, Consensual Recording by Jail by Anthony Accurso by Anthony W. Accurso The Court of Appeals of New York ordered the suppression of a jail recording where it was …
SCOTUS Announces First Amendment Requires Mens Rea of Recklessness for ‘True Threats’ Conviction by Richard Resch by Richard Resch The Supreme Court of the United States held that criminal liability for true threats, which are not protected by the First Amendment, requires proof that the defendant had a subjective understanding …
Fourth Circuit Announces Rehaif Applies to All § 922(g) Firearms-Possession Offenses and Applies Retroactively to Initial § 2255 Motions by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that the holding of Rehaif v. United States, 139 S. Ct. 2191 (2019), applies retroactively …
Article • June 15, 2023 • from CLN July, 2023
Inspector General Report: FBI Routinely Abused Access to Private Communications by Eike Blohm, MD by Eike Blohm, MD A recent Department of Justice (“DOJ”) Inspector General report found that the Federal Bureau of Investigation (“FBI”) routinely sidesteps regulations of electronic surveillance and essentially deliberately misinterprets DOJ guidelines. Edgar Hoover was …
Article • April 15, 2023 • from CLN May, 2023
Filed under: Guns - Type of
Fifth Circuit Announces Altered Serial Number Enhancement Does Not Apply Where Gun Never Had Serial Number by Richard Resch by Richard Resch The U.S. Court of Appeals for the Fifth Circuit joined four of its sister Circuits in holding that U.S. Sentencing Guideline § 2K2.1(b)(4)(B) does not apply in cases …
Fifth Circuit: ‘Nonsubstantial Overcrowding’ of Vehicle Used in Transporting Illegal Aliens Insufficient for Imposition of Sentencing Enhancement Under Guidelines § 2L1.1(b)(6) by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit ruled that nine people in a vehicle with a rated capacity for seven people …
Article • December 15, 2022 • from CLN January, 2023
U.S. Senator to Federal Agency: Investigate Abusive Use of Administrative Subpoena Power to Gather Bulk Financial Records by Casey Bastian by Casey J. Bastian The U.S. Department of Homeland Security (“DHS”) operates U.S. Immigration and Customs Enforcement (“ICE”). In turn, ICE oversees the subagency Homeland Security Investigations (“HSI”). Since 2019, …
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