Skip navigation
Criminal Legal News

Search

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

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 …
Attorney General Garland Orders Federal Prosecutors to End Sentencing Disparities Between Crack and Powder Cocaine
Article • February 15, 2023 • from CLN March, 2023
Filed under: U.S. Sentencing Guidelines, First Step Act, Crack v. Powdered Cocaine
Attorney General Garland Orders Federal Prosecutors to End Sentencing Disparities Between Crack and Powder Cocaine by Matthew Clarke by Matt Clarke On December 16, 2022, U.S. Attorney General Merrick Garland issued a memorandum to all federal prosecutors instructing them to seek to have defendants charged with drug offenses involving crack …
Sixth Circuit Announces Nonretroactive Change in Sentencing Law Is Not an ‘Extraordinary and Compelling Reason’ Warranting a Sentence Reduction under Compassionate Release Statute
Article • February 15, 2023 • from CLN March, 2023
Filed under: Retroactivity, U.S. Sentencing Guidelines, Compassionate Release
Sixth Circuit Announces Nonretroactive Change in Sentencing Law Is Not an ‘Extraordinary and Compelling Reason’ Warranting a Sentence Reduction under Compassionate Release Statute by Douglas Ankney by Douglas Ankney A divided en banc U.S. Court of Appeals for the Sixth Circuit, in a 9 to 7 split, held that a …
U.S. Sentencing Commission Seeks to Rein in Acquitted-Conduct Sentencing
Article • January 26, 2023
Filed under: U.S. Sentencing Guidelines
U.S. Sentencing Commission Seeks to Rein in Acquitted-Conduct Sentencing by Jo Ellen Nott by Jo Ellen Nott The U.S. Sentencing Commission is a government panel that formulates federal sentencing policy. On January 13, 2023, the commission made public proposed amendments to current federal sentencing guidelines and asked for comments. One …
Massachusetts Supreme Judicial Court Ends Practice of Juvenile Courts Granting Continuances for Sole Purpose of Extending Delinquent’s Period of Detention
Article • January 15, 2023 • from CLN February, 2023
Filed under: U.S. Sentencing Guidelines, Juveniles, Arraignment Delay
Massachusetts Supreme Judicial Court Ends Practice of Juvenile Courts Granting Continuances for Sole Purpose of Extending Delinquent’s Period of Detention by Douglas Ankney by Douglas Ankney The Supreme Judicial Court of Massachusetts ended the practice of judges presiding over juvenile delinquency proceedings and granting continuances for the sole purpose of …
Tenth Circuit: Unreasonable Determination of Downward Variance of Guidelines Resulted in Plain Error
Article • January 15, 2023 • from CLN February, 2023
Filed under: U.S. Sentencing Guidelines, Plain Error, Amendment/Variance
Tenth Circuit: Unreasonable Determination of Downward Variance of Guidelines Resulted in Plain Error by David Reutter by David M. Reutter The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the District of Wyoming committed plain error in applying the U.S. Sentencing Guidelines (“Guidelines”) …
Tenth Circuit: Prisoner Convicted of Covered Drug Offense but Sentenced to Mandatory Life Sentence Via Cross Reference for Murder Under Pre-Booker Guidelines Has Standing to Request First Step Act Sen...
Article • January 15, 2023 • from CLN February, 2023
Filed under: U.S. Sentencing Guidelines, First Step Act, Reasonableness of Sentence, Drug Laws/Offenses
Tenth Circuit: Prisoner Convicted of Covered Drug Offense but Sentenced to Mandatory Life Sentence Via Cross Reference for Murder Under Pre-Booker Guidelines Has Standing to Request First Step Act Sentence Reduction by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Tenth Circuit held that a prisoner …
People Convicted of Sex Crimes Remain Incarcerated 25 Years After Completing Their Prison Sentences
Article • January 15, 2023 • from CLN February, 2023
Filed under: Sex Offender Registration, Sex Offenders (Discrimination), U.S. Sentencing Guidelines
People Convicted of Sex Crimes Remain Incarcerated 25 Years After Completing Their Prison Sentences by Douglas Ankney by Douglas Ankney With the recent overturning of Roe v. Wade, 410 U.S. 113 (1973), news pundits and left-leaning politicians decry the “radical” justices on the U.S. Supreme Court as if the High …
Prosecutors in These States Can Review Sentences They Deem Extreme. Few Do.
Article • December 15, 2022 • from CLN January, 2023
Filed under: U.S. Sentencing Guidelines, 18 U.S.C. § 3582(c)(2)
Prosecutors in These States Can Review Sentences They Deem Extreme. Few Do. by Charlie Lee, Matt Nadel Five states now allow prosecutors to seek shorter sentences in old cases. Louisiana shows why many DAs haven’t. by Matt Nadel and Charlie Lee It had been a long day of mowing brush …
Fifth Circuit Announces Louisiana Aggravated Assault With Firearm Still Not ‘Crime of Violence’ After 2012 Amendment for Purposes of Sentencing Guidelines
Article • November 15, 2022 • from CLN December, 2022
Filed under: U.S. Sentencing Guidelines, Solicitation to Commit a Crime of Violence
Fifth Circuit Announces Louisiana Aggravated Assault With Firearm Still Not ‘Crime of Violence’ After 2012 Amendment for Purposes of Sentencing Guidelines by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Fifth Circuit held that a prior conviction for aggravated assault with a firearm under Louisiana state …
Seventh Circuit: Sentencing Court’s ‘Inoculating Statement’ Regarding Potential Guidelines Miscalculation Failed to Satisfy Conditions of Abbas
Article • November 15, 2022 • from CLN December, 2022
Filed under: U.S. Sentencing Guidelines, Miscalculation of the Guidelines Sentencing Range
Seventh Circuit: Sentencing Court’s ‘Inoculating Statement’ Regarding Potential Guidelines Miscalculation Failed to Satisfy Conditions of Abbas by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit remanded to the U.S. District Court for the Central District of Illinois for resentencing where that court’s inoculating statement …
Louisiana Supreme Court Announces Conviction of Lesser Included Offense Subsequently Vacated as Unconstitutional Constitutes Implied Acquittal of Higher Charge; Double Jeopardy Bars Retrial on Higher ...
Article • November 15, 2022 • from CLN December, 2022
Filed under: U.S. Sentencing Guidelines, Double jeopardy, New Trial/Judgment of Acquittal
Louisiana Supreme Court Announces Conviction of Lesser Included Offense Subsequently Vacated as Unconstitutional Constitutes Implied Acquittal of Higher Charge; Double Jeopardy Bars Retrial on Higher Charge by Jacob Barrett by Jacob Barrett In a case of first impression, the Supreme Court of Louisiana held double jeopardy bars the reinstatement and …
Ninth Circuit Clarifies Framework for Applying Minor-Role Adjustment in U.S. Sentencing Guideline § 3B1.2(b)
Article • November 15, 2022 • from CLN December, 2022
Filed under: U.S. Sentencing Guidelines, Drug Laws/Offenses
Ninth Circuit Clarifies Framework for Applying Minor-Role Adjustment in U.S. Sentencing Guideline § 3B1.2(b) by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit clarified the framework for application of the minor-role adjustment of U.S. Sentencing Guideline (“U.S.S.G.”) § 3B1.2(b). A man identified as “Gordo” …
Pennsylvania Supreme Court Announces Challenge to Presumptively Vindictive Sentence Constitutes ‘Legality Challenge’ and Thus Cognizable Under PCRA
Article • November 15, 2022 • from CLN December, 2022
Filed under: U.S. Sentencing Guidelines, Excessive Charges
Pennsylvania Supreme Court Announces Challenge to Presumptively Vindictive Sentence Constitutes ‘Legality Challenge’ and Thus Cognizable Under PCRA by Harold Hempstead by Harold Hempstead The Supreme Court of Pennsylvania held that a vindictive sentencing claim pursuant to North Carolina v. Pearce, 395 U.S. 711 (1969), meets the definition of a legality …
Pennsylvania Supreme Court Announces Challenge to SORNA-Based Illegality of Sentence Claim Cannot Be Waived, Allowing for Challenge at Any Time — Even if First Raised on Appeal
Article • November 15, 2022 • from CLN December, 2022
Filed under: U.S. Sentencing Guidelines, Waiver of Appeal Rights, Sex Offense Registration Act (SORNA)
Pennsylvania Supreme Court Announces Challenge to SORNA-Based Illegality of Sentence Claim Cannot Be Waived, Allowing for Challenge at Any Time — Even if First Raised on Appeal by Anthony Accurso by Anthony W. Accurso The Supreme Court of Pennsylvania held that challenges to the legality of an imposed sentence — …
Equitable Criminal Sentencing Technology Makes History in Alachua County, Florida
Article • October 20, 2022
Filed under: U.S. Sentencing Guidelines
Equitable Criminal Sentencing Technology Makes History in Alachua County, Florida by Jo Ellen Nott by Jo Ellen Nott On September 27, 2022, Alachua County in north central Florida made history by funding equitable sentencing software for Florida’s Eighth Judicial Circuit.  This makes the Eighth the first Florida judicial circuit to …
Use of Death Penalty Continues to Decline in the U.S.
Article • August 15, 2022 • from CLN September, 2022
Filed under: U.S. Sentencing Guidelines, Death Penalty
Use of Death Penalty Continues to Decline in the U.S. by Douglas Ankney by Douglas Ankney In 2021, 11 people in the U.S. were killed as punishment for their crimes. This was the fewest number of Americans in recent history to be subjected to state-sanctioned killing. And it was the …
Sixth Circuit: Government Cannot Withdraw Consent to Lesser Included Charge After Defendant Pleaded Guilty but Court Reject Plea Agreement
Article • August 15, 2022 • from CLN September, 2022
Filed under: U.S. Sentencing Guidelines, Rejection
Sixth Circuit: Government Cannot Withdraw Consent to Lesser Included Charge After Defendant Pleaded Guilty but Court Reject Plea Agreement by David Reutter by David M. Reutter The U.S. Court of Appeals for the Sixth Circuit ruled that a plea agreement, as written, does not provide the basis for the Government …
Page 3 of 9. « Previous | 1 2 3 4 5 6 7 8 9 | Next »