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California Supreme Court Announces Uncharged Lesser Firearm Enhancement May Be Substituted Under § 12022.53
Article • July 15, 2022 • from CLN August, 2022
Filed under: U.S. Sentencing Guidelines, Firearms - Brandishing, Using, etc.
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)
Article • July 15, 2022 • from CLN August, 2022
Filed under: U.S. Sentencing Guidelines, Sentence Enhancements/Departures, De Facto Life Sentence
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 …
Racially Disparate Sentencing Patterns Prevalent Amongst Federal Judges
Article • June 15, 2022 • from CLN July, 2022
Filed under: U.S. Sentencing Guidelines, Racial/Ethnic Bias/Profiling
Racially Disparate Sentencing Patterns Prevalent Amongst Federal Judges by Casey Bastian by Casey J. Bastian The existence of racial disparity in federal sentencing practices is a common, well-researched issue. The greatest proportion of studies focus on the aggregate disparity between the imposed sentence length of Black versus white defendants. Research …
Tenth Circuit Announces District Court Abused Discretion by Imposing Harsher Sentence Based on Defendant’s Decision to Plead Guilty Without Plea Agreement
Article • June 15, 2022 • from CLN July, 2022
Filed under: U.S. Sentencing Guidelines, Rejection
Tenth Circuit Announces District Court Abused Discretion by Imposing Harsher Sentence Based on Defendant’s Decision to Plead Guilty Without Plea Agreement by David Reutter by David M. Reutter In a case of first impression in any circuit, the U.S. Court of Appeals for the Tenth Circuit held that under 18 …
Ohio Supreme Court: Constitutionality of Indeterminate Sentence Under Reagan Tokes Law May Be Challenged on Direct Appeal
Article • June 15, 2022 • from CLN July, 2022
Filed under: U.S. Sentencing Guidelines, Appeals/Appellate Jurisdiction, Appellate Jurisdiction/Review
Ohio Supreme Court: Constitutionality of Indeterminate Sentence Under Reagan Tokes Law May Be Challenged on Direct Appeal by David M. Reutter by David M. Reutter The Supreme Court of Ohio held that the constitutionality of an indeterminate sentence imposed under the Reagan Tokes Law, R.C. 2967.271, ripens at sentencing and …
Seventh Circuit Vacates Sentence Where District Court’s Rationale for Defendant’s Offense Level Unclear
Article • June 15, 2022 • from CLN July, 2022
Filed under: U.S. Sentencing Guidelines
Seventh Circuit Vacates Sentence Where District Court’s Rationale for Defendant’s Offense Level Unclear by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit vacated Darrell Loving’s sentence because the reasons given by the U.S. District Court for the District of Indiana for arriving at an …
Supreme Court of Iowa: Sentence Vacated Because Prosecution Failed to Follow Spirit of Plea Agreement Requiring Recommendation of Suspended Sentence
Article • June 15, 2022 • from CLN July, 2022
Filed under: U.S. Sentencing Guidelines, Cause and Prejudice, Plea Agreements/Guilty Pleas
Supreme Court of Iowa: Sentence Vacated Because Prosecution Failed to Follow Spirit of Plea Agreement Requiring Recommendation of Suspended Sentence by David M. Reutter by David M. Reutter The Supreme Court of Iowa vacated a defendant’s sentence after finding the prosecution failed to honor the spirit of a plea agreement …
Dozens of Convictions Related to Corrupt Convicted Former Chicago Cop Vacated
Article • May 1, 2022
Filed under: U.S. Sentencing Guidelines, False Arrest, Police/Govt Misconduct
Dozens of Convictions Related to Corrupt Convicted Former Chicago Cop Vacated by Brooke Kaufman by Brooke Kaufman According to the Chicago Tribune, Cook County, Illinois, prosecutors vacated 44 convictions related to convicted ex-Chicago police Sgt. Ronald Watts. In 2013, Watts pleaded guilty to stealing money from an FBI informant posing …
Tenth Circuit Announces That After Borden An Offense That Can Be Committed ‘Recklessly’ Is Not Categorically a ‘Crime of Violence’ Under § 924(c)’s Elements Clause
Article • May 1, 2022
Filed under: U.S. Sentencing Guidelines, Labor Racketeering, Negligence/Reckless Endangerment
Tenth Circuit Announces That After Borden An Offense That Can Be Committed ‘Recklessly’ Is Not Categorically a ‘Crime of Violence’ Under § 924(c)’s Elements Clause by Douglas Ankney by Douglas Ankney In consolidated cases on remand from the U.S. Supreme Court, the U.S. Court of Appeals for the Tenth Circuit …
Fourth Circuit: Bodily Injury Sentence Enhancement for Robbery Inapplicable Where Victim Sustained ‘Momentary’ Injury and Sought ‘Precautionary’ Medical Treatment
Article • March 15, 2022 • from CLN April, 2022
Filed under: U.S. Sentencing Guidelines, Death/Bodily Injury
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 …
Sixth Circuit: Government Violated Plea Agreement by Arguing for Sentence Exceeding Guidelines Range, Despite Promise Not to ‘Suggest in Any Way’ Variance Is Appropriate
Article • March 15, 2022 • from CLN April, 2022
Filed under: U.S. Sentencing Guidelines, Plea Agreements/Guilty Pleas
Sixth Circuit: Government Violated Plea Agreement by Arguing for Sentence Exceeding Guidelines Range, Despite Promise Not to ‘Suggest in Any Way’ Variance Is Appropriate by David Reutter by David M. Reutter The U.S. Court of Appeals for the Sixth Circuit held the Government violated a plea agreement by arguing for …
Tenth Circuit: Where Defendant Actually Sentenced to Drug Treatment and Probation Rather Than 28-32 Months in Prison as Per State Sentencing Guidelines, Conviction Can’t Serve as Predicate ‘Felony’ f...
Article • March 15, 2022 • from CLN April, 2022
Filed under: U.S. Sentencing Guidelines, Firearms Owners' Protection Act, In Connection With Another Felony Offense, Drug Testing/Treatment Programs, Probation, Parole & Supervised Release
Tenth Circuit: Where Defendant Actually Sentenced to Drug Treatment and Probation Rather Than 28-32 Months in Prison as Per State Sentencing Guidelines, Conviction Can’t Serve as Predicate ‘Felony’ for 18 U.S.C. § 922(g)(1) by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Tenth Circuit held that …
Acquitted Conduct Sentencing
Article • February 15, 2022 • from CLN March, 2022
Filed under: U.S. Sentencing Guidelines, Acquitted Conduct/Uncharged Crimes/Dismissed Counts
Acquitted Conduct Sentencing by Douglas Ankney How Judges Enhance Sentences by Supplanting ‘Not Guilty’ Verdicts with Private Findings that Defendants ‘Probably Committed’ Acquitted Offenses by Douglas Ankney Gregory Bell was indicted on 13 charges. He exercised his right to a jury trial. The jury acquitted Bell of 10 charges and …
Sixth Circuit Vacates Sentence for Impermissible Triple-Counting of Guidelines Enhancements for Ungrouped Offenses
Article • January 15, 2022 • from CLN February, 2022
Filed under: U.S. Sentencing Guidelines, Sentence Enhancements/Departures
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 …
New Jersey Directive Provides Relief for Certain Drug Offenders
Article • January 15, 2022 • from CLN February, 2022
Filed under: U.S. Sentencing Guidelines, Drug Laws/Offenses
New Jersey Directive Provides Relief for Certain Drug Offenders by Casey Bastian by Casey J. Bastian In February 2018, New Jersey Governor Phil Murphy convoked the Criminal Sentencing and Disposition Committee (“CSDC”) to analyze the state’s sentencing laws. The CSDC was tasked with providing specific recommendations “to ensure a stronger, …
California Court of Appeal: Trial Court Required to Provide Notice and Consider Information Provided by Parties Before Ruling on CDCR Recommendation to Recall Sentence Pursuant to § 1170(d)(1)
Article • January 15, 2022 • from CLN February, 2022
Filed under: U.S. Sentencing Guidelines, Sentences - Corrections or Modifications of
California Court of Appeal: Trial Court Required to Provide Notice and Consider Information Provided by Parties Before Ruling on CDCR Recommendation to Recall Sentence Pursuant to § 1170(d)(1) by Douglas Ankney by Douglas Ankney The California Court of Appeal, Second District, held that a trial court is bound to provide …
Sixth Circuit: Only One Conviction May Result Under § 922(g) for Single Incident of Firearm Possession
Article • December 15, 2021 • from CLN January, 2022
Filed under: U.S. Sentencing Guidelines, Firearms
Sixth Circuit: Only One Conviction May Result Under § 922(g) for Single Incident of Firearm Possession by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that only one conviction may result under 18 U.S.C. § 922(g) for a single incident of firearm possession, …
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 Presum...
Article • December 15, 2021 • from CLN January, 2022
Filed under: U.S. Sentencing Guidelines, Guns - Type of
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 …
Ninth Circuit: Washington’s Sentencing Guidelines, Not Statutory Maximum, Set Upper Limit for Sentence When Determining Grade of Violation of Supervised Release Under U.S. Sentencing Guidelines
Article • December 15, 2021 • from CLN January, 2022
Filed under: U.S. Sentencing Guidelines, Revocation Proceedings
Ninth Circuit: Washington’s Sentencing Guidelines, Not Statutory Maximum, Set Upper Limit for Sentence When Determining Grade of Violation of Supervised Release Under U.S. Sentencing Guidelines by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Ninth Circuit held that the state of Washington’s mandatory sentencing guidelines set …
U.S. Sentencing Commission Creates New Sentencing Tool for Judges
Article • December 15, 2021 • from CLN January, 2022
Filed under: U.S. Sentencing Guidelines
U.S. Sentencing Commission Creates New Sentencing Tool for Judges by Dale Chappell by Dale Chappell The U.S. Sentencing Commission (“USSC”) recently created a new tool for federal judges that will let them compare sentences for similar defendants under specific guidelines to help “guide” them on what sentence may be appropriate …
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