Skip navigation
Criminal Legal News

Search

More search options »
163 results
Page 2 of 9. « Previous | 1 2 3 4 5 6 7 8 9 | Next »

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
Article • May 15, 2024 • from CLN May, 2024
Filed under: U.S. Sentencing Guidelines, Possession or Use of Firearms, Vicarious Liability, Safety Valve
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 …
Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis
Article • April 15, 2024 • from CLN April, 2024
Filed under: Sex Offender Registration, U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Military
Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Eighth Circuit announced that the categorical approach applies to the tier analysis of the Sex Offender Registration and Notification Act (“SORNA”), …
Ninth Circuit Announces District Courts Must Either Orally Pronounce All Discretionary ‘Standard’ Conditions of Supervised Release in the Presence of Defendant or Provide Conditions in Writing Prior ...
Article • February 15, 2024 • from CLN February, 2024
Filed under: U.S. Sentencing Guidelines, Applicable Guidelines Issues, Sentencing Hearing, Right to be Present, Conditions of, Remands/Rehearings/Resentencings
Ninth Circuit Announces District Courts Must Either Orally Pronounce All Discretionary ‘Standard’ Conditions of Supervised Release in the Presence of Defendant or Provide Conditions in Writing Prior to Sentencing by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit, sitting en banc, held that U.S. …
Fifth Circuit Announces Revocation Judgments for Violation of Supervised Release Vacated Because Underlying Sentence Vacated
Article • February 15, 2024 • from CLN February, 2024
Filed under: U.S. Sentencing Guidelines, Resentencing, Revocation/Modification of Probation, etc., Revocation Proceedings
Fifth Circuit Announces Revocation Judgments for Violation of Supervised Release Vacated Because Underlying Sentence Vacated by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Fifth Circuit held that a defendant’s revocation sentences were nullified after the underlying sentence of which they were a part was …
Federal Sentencing Guidelines Undergo Substantial Amendments
Article • January 15, 2024 • from CLN January, 2024
Filed under: U.S. Sentencing Guidelines, First Step Act, Violence Against Women Act, Criminal History, Qualifying Offenses, Sentence Enhancements/Departures, Sexual Abuse/Harrassment/Exploitation, Sexual Exploitation of Minors, Federally Protected Rights, Sexual Conduct with Minors, Sentences - Authorized, Safety Valve, Acceptance of Responsibility, Preservation of Judicial Resources, Legal or Factual Challenges - assertion 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. …
Third Circuit: Pennsylvania Conviction for First-Degree Aggravated Assault Does Not Require Physical Force so Is Not Qualifying Predicate for ACCA Purposes
Article • December 15, 2023 • from CLN December, 2023
Filed under: U.S. Sentencing Guidelines, Three Strikes, Career Offenders, Three Strikes Statutes/Rule, Recidivist Enhancements
Third Circuit: Pennsylvania Conviction for First-Degree Aggravated Assault Does Not Require Physical Force so Is Not Qualifying Predicate for ACCA Purposes by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit held that because a conviction under Pennsylvania’s first-degree aggravated assault statute, 18 Pa. Cons. …
Sixth Circuit: District Court Committed Procedural Error by Impermissibly Ceding Its Discretion to Congress to Determine Guidelines’ Crack-to-Powder Ratio at Sentencing
Article • December 15, 2023 • from CLN December, 2023
Filed under: U.S. Sentencing Guidelines, Fair Sentencing Act of 2010, Sentencing Findings, Miscalculation of the Guidelines Sentencing Range
Sixth Circuit: District Court Committed Procedural Error by Impermissibly Ceding Its Discretion to Congress to Determine Guidelines’ Crack-to-Powder Ratio at Sentencing by David Reutter by David M. Reutter The U.S. Court of Appeals for the Sixth Circuit held a District Court commits “procedural error by failing to appreciate the scope …
10th Circuit Reverses Guidelines Enhancement Because Possession of Ammo Does Not Facilitate Possession of a Firearm
Article • November 1, 2023 • from CLN November, 2023
Filed under: U.S. Sentencing Guidelines, Felon in Possession Statute, Stipulations
10th Circuit Reverses Guidelines Enhancement Because Possession of Ammo Does Not Facilitate Possession of a Firearm by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Tenth Circuit vacated a defendant’s sentence where the U.S. District Court for the District of Colorado improperly applied a Guidelines …
Third Circuit Announces COA Required for Federal Prisoner Appealing District Court’s Choice of Remedy in § 2255 Proceeding
Article • November 1, 2023 • from CLN November, 2023
Filed under: U.S. Sentencing Guidelines, Appealable Issues/Orders, Certificate of Appealability
Third Circuit Announces COA Required for Federal Prisoner Appealing District Court’s Choice of Remedy in § 2255 Proceeding by Douglas Ankney by Douglas Ankney In a case of first impression in the Circuit, the U.S. Court of Appeals for the Third Circuit held that a federal prisoner appealing a District …
Kansas Supreme Court: Defendants May File a Motion to Correct Illegal Sentence in Appellate Court While on Direct Review
Article • October 1, 2023 • from CLN October, 2023
Filed under: U.S. Sentencing Guidelines, Appealable Issues/Orders
Kansas Supreme Court: Defendants May File a Motion to Correct Illegal Sentence in Appellate Court While on Direct Review by Douglas Ankney by Douglas Ankney The Supreme Court of Kansas held that Kansas law permits a defendant to file a motion to correct an illegal sentence in appellate court on …
Ninth Circuit Announces District Courts Have Discretion to Consider Non-­Retroactive Changes in Post-­Sentencing Decisional Law in Assessing ‘Extraordinary and Compelling Reasons’ for Sentence Reducti...
Article • October 1, 2023 • from CLN October, 2023
Filed under: Retroactivity, U.S. Sentencing Guidelines, Resentencing
Ninth Circuit Announces District Courts Have Discretion to Consider Non-­Retroactive Changes in Post-­Sentencing Decisional Law in Assessing ‘Extraordinary and Compelling Reasons’ for Sentence Reduction by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit joined the First, Second, and Fourth Circuits in holding that when …
Ninth Circuit: Government’s Inflammatory Arguments in Sentencing Memorandum and at Sentencing Hearing Implicitly Breached Plea Agreement Promise Not to Recommend Sentence in Excess of Low-End Guidelin...
Article • June 15, 2023 • from CLN July, 2023
Filed under: War on Drugs, U.S. Sentencing Guidelines, Remands/Rehearings/Resentencings, Validity of
Ninth Circuit: Government’s Inflammatory Arguments in Sentencing Memorandum and at Sentencing Hearing Implicitly Breached Plea Agreement Promise Not to Recommend Sentence in Excess of Low-End Guidelines Range by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit ruled that the Government’s inflammatory arguments in its …
First Circuit: Plain Error Where District Court Based Upward Variant From Sentencing Guidelines Range on New Information Not Already in the Record at the Time of Sentencing
Article • June 15, 2023 • from CLN July, 2023
Filed under: U.S. Sentencing Guidelines, Grounds for Variance, Grounds for Relief
First Circuit: Plain Error Where District Court Based Upward Variant From Sentencing Guidelines Range on New Information Not Already in the Record at the Time of Sentencing by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit found plain error where the U.S. District Court …
Fourth Circuit: Counsel Ineffective for Failing to Raise Change in Sentencing Precedent Following Remand
Article • June 15, 2023 • from CLN July, 2023
Filed under: U.S. Sentencing Guidelines, Resentencing, Per se ineffectiveness
Fourth Circuit: Counsel Ineffective for Failing to Raise Change in Sentencing Precedent Following Remand by David Reutter by David M. Reutter The U.S. Court of Appeals for the Fourth Circuit held a federal defendant was denied the effective assistance of counsel by failing to object to his designation as a …
Minnesota Abolishes Life Without Parole for Juveniles
Article • June 15, 2023 • from CLN July, 2023
Filed under: U.S. Sentencing Guidelines, Juveniles
Minnesota Abolishes Life Without Parole for Juveniles by Jordan Arizmendi by Jordan Arizmendi On May 19, 2023, Minnesota Governor Walz (D) signed omnibus public safety bill – SF 209, which abolishes life imprisonment without parole for minors. Under the bill, juvenile life-without-parole sentences will be retroactively eliminated. In addition, all …
Eleventh Circuit Announces Defendant Must Satisfy All Three Subsections of § 3553(f)(1) to Be Ineligible for Safety Valve
Article • May 15, 2023 • from CLN June, 2023
Filed under: U.S. Sentencing Guidelines, First Step Act, Guideline Amendment/Variances and Retroactivity
Eleventh Circuit Announces Defendant Must Satisfy All Three Subsections of § 3553(f)(1) to Be Ineligible for Safety Valve by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit, sitting en banc, held that a defendant must satisfy all three subsections of the First Step Act, …
Tennessee Supreme Court Announces State Statute Automatically Sentencing Juvenile Offenders Convicted of First-Degree Murder to Life in Prison Is Unconstitutional
Article • May 15, 2023 • from CLN June, 2023
Filed under: U.S. Sentencing Guidelines, Doctrine of Unconstitutional Conditions, Juvenile Offenses/Offenders
Tennessee Supreme Court Announces State Statute Automatically Sentencing Juvenile Offenders Convicted of First-Degree Murder to Life in Prison Is Unconstitutional by Douglas Ankney by Douglas Ankney In a case of first impression, the Supreme Court of Tennessee followed the U.S. Supreme Court’s guidance for proportionality analysis when sentencing juvenile offenders …
First Circuit Vacates Sentence Containing 20-Year Upward Variance Because District Court Failed to Provide Case-Specific Factors or Rationale for Such a Large Variance
Article • April 15, 2023 • from CLN May, 2023
Filed under: U.S. Sentencing Guidelines, Amendment/Variance
First Circuit Vacates Sentence Containing 20-Year Upward Variance Because District Court Failed to Provide Case-Specific Factors or Rationale for Such a Large Variance by Richard Resch by Richard Resch The U.S. Court of Appeals for the First Circuit vacated Jadnel Flores-Nater’s 30-year prison sentence containing a 20-year upward variance because …
Time to Find the Key
Article • March 15, 2023 • from CLN April, 2023
Filed under: Overcrowding, U.S. Sentencing Guidelines, Overdetention, Probation, Parole & Supervised Release
Time to Find the Key by Jayson Hawkins by Jayson Hawkins “Lock’em up and throw away the key” has long been the rallying cry of the tough-on-crime crowd. While this approach may have an intuitive appeal to a public frightened by stories about crime in the media, a series of …
Texas Court of Criminal Appeals: Adding Felony Counts by Amending Indictment Constitutes Addition of More Offenses
Article • March 15, 2023 • from CLN April, 2023
Filed under: U.S. Sentencing Guidelines, Qualifying Offenses, Civil Rights Actions or Offenses/Bivens Actions
Texas Court of Criminal Appeals: Adding Felony Counts by Amending Indictment Constitutes Addition of More Offenses by Douglas Ankney by Douglas Ankney The Court of Criminal Appeals of Texas ruled that adding felony counts to an indictment via an amended indictment constitutes the adding of additional offenses to the indictment …
Page 2 of 9. « Previous | 1 2 3 4 5 6 7 8 9 | Next »