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Article • August 15, 2022 • from CLN September, 2022
First Circuit Announces ‘Knowingly’ Violating § 922(g)(9) Requires Proof Defendant Knew He Belonged to Category of Persons Prohibited from Possessing Firearms, Mere Knowledge of ‘Features’ of Prior Offense Insufficient by Richard Resch by Richard Resch The U.S. Court of Appeals for the First Circuit held that the U.S. District Court …
Article • July 15, 2022 • from CLN August, 2022
California Supreme Court Announces Uncharged Lesser Firearm Enhancement May Be Substituted Under § 12022.53 by Mark Wilson by Mark Wilson The Supreme Court of California held that sentencing courts have the authority to strike a firearm enhancement and substitute a lesser uncharged statutory enhancement. California Penal Code § 12022.53, the …
California Supreme Court Announces Conspiracy to Commit Home Invasion Robbery Not Subject to Enhancement to Indeterminate Life Sentence Under Penal Code § 186.22(b)(4) by Matthew Clarke by Matt Clarke The Supreme Court of California held that conspiracy to commit home invasion robbery is not subject to enhancement to an indeterminate …
Publication • 2022
DOJ-Office of Inspector General-Investigation and Review of James Whitey Bulger-Dec. 2022 Investigation and Review of the Federal Bureau of Prisons’ Handling of the Transfer of Inmate James “Whitey” Bulger *** 23-007 DECEMBER 2022 EXECUTIVE SUMMARY Investigation and Review of the Federal Bureau of Prisons’ Handling of the Transfer of Inmate …
Article • May 1, 2022 • from CLN May, 2022
SCOTUS Rejects Government’s Interpretation of the ACCA’s ‘Occasions Clause’ That Would Make It Possible to Become ‘a Career Criminal in the Space of a Minute’ by Richard Resch by Richard Resch In a 9-0 opinion delivered by Justice Kagan, the Supreme Court of the United States held that defendant’s 10 …
Brief • April 12, 2022
McGhee v. Grainger County, TN, Class Action Complaint, Sexual Abuse, 2022 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE NORTHEASTERN DIVISION CANDACE MCGHEE and CHASITY BAILEY, individually, and on behalf of all others similarly situated, ) ) ) ) Plaintiffs, ) ) v. ) No. _______________________ ) GRAINGER COUNTY, Tennessee …
Article • March 15, 2022 • from CLN April, 2022
Fourth Circuit: Bodily Injury Sentence Enhancement for Robbery Inapplicable Where Victim Sustained ‘Momentary’ Injury and Sought ‘Precautionary’ Medical Treatment by Jacob Barrett by Jacob Barrett TheU.S.CourtofAppeals for theFourthCircuitruledadistrictcourtcannot simply“guess”that a victim suffered a qualifying “bodily injury” in connection with a robbery to trigger the two-level, bodily injury sentence enhancement under …
Third Circuit, Joining Every Other Circuit That’s Addressed the Issue, Holds Hobbs Act Robbery Does Not Qualify as ‘Crime of Violence’ by David Reutter 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 …
Article • March 15, 2022 • from CLN April, 2022
Ninth Circuit Announces Irizarry Didn’t Eliminate Wise Requirement That Sentencing Court Provide Notice of Special Conditions of Supervised Release Prior to Imposing Sentence by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Ninth Circuit held that the U.S. District Court for the Southern District of California …
Article • January 15, 2022 • from CLN February, 2022
Sixth Circuit Vacates Sentence for Impermissible Triple-Counting of Guidelines Enhancements for Ungrouped Offenses by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held that enhancements under the U.S. Sentencing Guidelines (“USSG”) that were applied to all three counts of conviction that were ungrouped were …
Article • December 15, 2021 • from CLN January, 2022
Third Circuit Announces Mere Physical Proximity of Guns and Drugs Insufficient for Automatic Application of U.S.S.G. § 2K2.1(b)(6)(B) Enhancement Under Commentary Note 14(B), Creates Rebuttable Presumption by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit ruled that mere physical proximity of guns and drugs …
Article • October 15, 2021 • from CLN November, 2021
California Supreme Court: Furnishing Drugs Resulting in Overdose Death Does Not Automatically Trigger Great Bodily Injury Enhancement by Dale Chappell by Dale Chappell The Supreme Court of California held that a conviction by itself for furnishing a controlled substance to someone who subsequently suffers injury from its use is insufficient, …
Article • September 15, 2021 • from CLN October, 2021
Fourth Circuit: RICO Conspiracy Isn’t ‘Crime of Violence’ for § 924(c) Purposes by Douglas Ankney by Doug Ankney The U.S. Court of Appeals for the Fourth Circuit held that a Racketeer Influenced and Corrupt Organizations Act (“RICO”) conspiracy in violation of 18 U.S.C. § 1962(d) is not categorically a “crime …
Fourth Circuit: Sentence Vacated for Failure to Properly Analyze Leadership Role Factors by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fourth Circuit held that the U.S. District Court for the Western District of Virginia committed a procedural error where it applied a leadership role enhancement …
Article • August 15, 2021 • from CLN September, 2021
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Eighth Circuit: Plain Error to Impose Destructive-Device Enhancement for .410 Shotgun by David Reutter by David M. Reutter The U.S. Court of Appeals for the Eighth Circuit remanded for resentencing on a defendant’s guilty plea because the U.S. District Court for the Northern District of Iowa improperly assessed a destructive-device …
Article • August 15, 2021 • from CLN September, 2021
California Court of Appeal Reverses Felony-Murder Conviction Where Sentencing Occurred After SB 1437 Enacted by Matthew Clarke by Matt Clarke The Court of Appeal of California, Second Appellate District, Division Eight, held that a felony-murder conviction was invalid when guilt was determined prior to the enactment of Senate Bill 1437 …
Article • August 15, 2021 • from CLN September, 2021
The Many Roads to Relief Under Borden by Dale Chappell by Dale Chappell In yet another case, the Supreme Court of the United States (“SCOTUS”) whittles away at the Armed Career Criminal Act (“ACCA”), this time narrowing what qualifies as a “violent felony” to impose the harsh 15-year minimum penalty …
Article • May 15, 2021 • from CLN June, 2021
Nevada Supreme Court Announces Felon’s Possession of Multiple Firearms at One Time and Place Is Only Single Violation of State Statute by Douglas Ankney by Douglas Ankney The Supreme Court of Nevada held that “the State properly charges a defendant with only a single violation of NRS 202.360(1)(b) when it …
Seventh Circuit Vacates Sentence Where District Court Improperly Imposed Leadership Enhancement by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit vacated Fred McGee’s sentence because the U.S. District Court for the Western District of Wisconsin improperly imposed a two-level leadership enhancement under Sentencing Guidelines …
Article • April 15, 2021 • from CLN May, 2021
Arkansas Supreme Court: Unborn Child Not a ‘Person’ Under Sentencing Enhancement Scheme by Anthony Accurso by Anthony Accurso In an opinion delivered December 10, 2020, the Supreme Court of Arkansas held that the definition of a “person” used for aggravating factors at sentencing does not include an unborn child. On …
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