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Article • February 15, 2023 • from CLN March, 2023
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 …
Article • February 15, 2023 • from CLN March, 2023
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 …
Article • January 26, 2023
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 …
Article • January 15, 2023 • from CLN February, 2023
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 …
Article • January 15, 2023 • from CLN February, 2023
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 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 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 …
Article • December 15, 2022 • from CLN January, 2023
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 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 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 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 …
Article • November 15, 2022 • from CLN December, 2022
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” …
Article • November 15, 2022 • from CLN December, 2022
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 by Anthony Accurso by Anthony W. Accurso The Supreme Court of Pennsylvania held that challenges to the legality of an imposed sentence — …
Article • October 20, 2022
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 …
Article • August 15, 2022 • from CLN September, 2022
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 …
Article • August 15, 2022 • from CLN September, 2022
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 …
First Circuit: Procedurally Unreasonable for District Court to Base Upward Variance on Defendant’s Prior Arrests by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit vacated, on the basis of procedural reasonableness, the U.S. District Court for the District of Puerto Rico’s sentence imposed upon …
Article • July 15, 2022 • from CLN August, 2022
Inflation Transforming Petty Offenses Into Felonies by Douglas Ankney by Douglas Ankney In the recent collective memory of Americans, $200 purchased almost 100 gallons of gasoline. Today, fewer than 50 gallons of gas can be purchased with that same $200. Two years ago, theft of that 50 gallons of gas …
Article • July 15, 2022 • from CLN August, 2022
California Court of Appeal: Gang Enhancements Remanded for Retrial Under AB 333; Sameness Requirement Satisfied by The court of appeal of California, Fifth Appelate District, struck gang and firearm enhancements based upon the retroactive application of Assembly Bill 333 (2021–2022 Reg. Sess.)(“AB333”). The Court also concluded that retrial of the …
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