Skip navigation
Criminal Legal News

Search

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

Fifth Circuit Vacates Sentence Eight Times Higher Than Guidelines Range That Was Imposed Without Explanation
Article • January 15, 2021 • from CLN February, 2021
Filed under: U.S. Sentencing Guidelines
Fifth Circuit Vacates Sentence Eight Times Higher Than Guidelines Range That Was Imposed Without Explanation by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fifth Circuit vacated a nearly 20-year sentence after the U.S. District Court for the Western District of Texas cited what the Government …
Court of Appeals of Maryland Clarifies Issues Involving Plea Agreements and Sentence Modifications Under Justice Reinvestment Act
Article • December 15, 2020 • from CLN January, 2021
Filed under: U.S. Sentencing Guidelines, Sentences - Corrections or Modifications of, Plea Agreements/Guilty Pleas
Court of Appeals of Maryland Clarifies Issues Involving Plea Agreements and Sentence Modifications Under Justice Reinvestment Act by David Reutter by David M. Reutter The Court of Appeals of Maryland answered four questions concerning the application of the Justice Reinvestment Act (“JRA”). The Court’s August 24, 2020, order focused on …
Eleventh Circuit Holds RICO Conspiracy Doesn’t Qualify as Crime of Violence for § 924(c) Purposes and Defendant’s 120-Year Sentence Was Procedurally Unreasonable
Article • December 15, 2020 • from CLN January, 2021
Filed under: U.S. Sentencing Guidelines, RICO, Solicitation to Commit a Crime of Violence
Eleventh Circuit Holds RICO Conspiracy Doesn’t Qualify as Crime of Violence for § 924(c) Purposes and Defendant’s 120-Year Sentence Was Procedurally Unreasonable by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Eleventh Circuit held that RICO conspiracy under 18 U.S.C. …
First Step Act Relief Shows Modest Results
Article • December 15, 2020 • from CLN January, 2021
Filed under: U.S. Sentencing Guidelines, First Step Act, Rita v. U.S.
First Step Act Relief Shows Modest Results by Dale Chappell by Dale Chappell Coming up on the two-year anniversary of the First Step Act passed in 2018 to undo unfair sentencing practices and ease overcrowding in federal prisons, the numbers show, at best, a modest result for those who have …
Sixth Circuit: Savings Clause Available for Retroactive Case of Statutory Interpretation Decided While § 2255 Motion on Appeal
Article • December 15, 2020 • from CLN January, 2021
Filed under: U.S. Sentencing Guidelines, General Savings Statute
Sixth Circuit: Savings Clause Available for Retroactive Case of Statutory Interpretation Decided While § 2255 Motion on Appeal by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held on October 6, 2020, that a savings clause petition was the proper avenue to attack an …
First Circuit: Prosecution Under Puerto Rico and Federal Law for Same Drug Offense Constitutes Double Jeopardy
Article • December 15, 2020 • from CLN January, 2021
Filed under: U.S. Sentencing Guidelines, Double jeopardy, Drug Laws/Offenses
First Circuit: Prosecution Under Puerto Rico and Federal Law for Same Drug Offense Constitutes Double Jeopardy by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the First Circuit ruled that the Double Jeopardy Clause of the Fifth Amendment requires dismissal of a count in a federal indictment …
Arizona Supreme Court: Stipulated Plea Agreement Cannot Bar Review of Illegal Sentence
Article • December 15, 2020 • from CLN January, 2021
Filed under: U.S. Sentencing Guidelines, Appellate Jurisdiction/Review, Plea Agreements/Guilty Pleas
Arizona Supreme Court: Stipulated Plea Agreement Cannot Bar Review of Illegal Sentence by David Reutter by David M. Reutter The Supreme Court of Arizona held that the Court of Appeals “erred by effectively eliminating a defendant’s right to appeal a probation revocation sentence consistent with a plea agreement stipulation.” The …
First Circuit Announces Residual Clause of U.S.S.G. § 4B1.2(a)(2) When Applied Pre-Booker Is Unconstitutional Under Johnson
Article • November 15, 2020 • from CLN December, 2020
Filed under: U.S. Sentencing Guidelines
First Circuit Announces Residual Clause of U.S.S.G. § 4B1.2(a)(2) When Applied Pre-Booker Is Unconstitutional Under Johnson by Douglas Ankney by Douglas Ankney Bucking the trend among the majority of federal circuits, the U.S. Court of Appeals for the First Circuit announced that the residual clause of U.S. Sentencing Guidelines (“U.S.S.G.” …
Third Circuit Announces Resentencing Under First Step Act Requires Use of § 3553(a) Factors
Article • November 15, 2020 • from CLN December, 2020
Filed under: U.S. Sentencing Guidelines, First Step Act
Third Circuit Announces Resentencing Under First Step Act Requires Use of § 3553(a) Factors by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Third Circuit held on September 15, 2020, that when a district court determines that a person is eligible for sentencing relief under the …
Sixth Circuit Vacates Sentence Where Upward Variance Based on Criminal History Had Little Bearing on Instant Offense
Article • November 15, 2020 • from CLN December, 2020
Filed under: U.S. Sentencing Guidelines, Criminal Sexual Abuse, Resentencing, Probation, Parole & Supervised Release, Substantively Unreasonable
Sixth Circuit Vacates Sentence Where Upward Variance Based on Criminal History Had Little Bearing on Instant Offense by Douglas Ankney   by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit vacated the U.S. District Court for the Western District of Michigan’s sentence where the sentence imposed was …
Second Circuit Announces Compassionate Release Motion by Prisoner Not Constrained by Outdated Guideline § 1B1.13, Application Note 1(D)
Article • November 15, 2020 • from CLN December, 2020
Filed under: U.S. Sentencing Guidelines, First Step Act, Compassionate Release
Second Circuit Announces Compassionate Release Motion by Prisoner Not Constrained by Outdated Guideline § 1B1.13, Application Note 1(D) by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Second Circuit held on September 25, 2020, that the outdated compassionate release guideline under U.S. Sentencing Guidelines Manual § …
Fourth Circuit Announces Discretionary Conditions of Supervision Must Be Orally Pronounced at Sentencing
Article • October 15, 2020 • from CLN November, 2020
Filed under: U.S. Sentencing Guidelines, Sentencing Hearing
Fourth Circuit Announces Discretionary Conditions of Supervision Must Be Orally Pronounced at Sentencing by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fourth Circuit reversed and remanded for resentencing a case because the U.S. District Court for the Western District of North Carolina imposed 26 conditions …
First Circuit: Dangerousness of Machine Guns Not Justification for Above-Guidelines Sentence
Article • October 15, 2020 • from CLN November, 2020
Filed under: U.S. Sentencing Guidelines, Sentence Enhancements/Departures
First Circuit: Dangerousness of Machine Guns Not Justification for Above-Guidelines Sentence by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the First Circuit held on August 3, 2020, that the U.S. District Court for the District of Puerto Rico’s focus on the dangerousness of machine guns and …
Eleventh Circuit: Time Served Adjustment Is Mandatory Under Sentencing Guidelines Even After Booker
Article • October 15, 2020 • from CLN November, 2020
Filed under: U.S. Sentencing Guidelines, Sentences - Adjustments and Departures
Eleventh Circuit: Time Served Adjustment Is Mandatory Under Sentencing Guidelines Even After Booker by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Eleventh Circuit ruled U.S.S.G. § 5Gl.3(b)(l)’s “a court shall adjust the sentence” for time served on a related state crime is mandatory once the …
Powerful New Tool Reveals Federal Sentencing Problems
Article • October 15, 2020 • from CLN November, 2020
Filed under: U.S. Sentencing Guidelines, EP2P Software
Powerful New Tool Reveals Federal Sentencing Problems by Dale Chappell by Dale Chappell A powerful new database combines data from multiple sources in order to provide more useful information about federal sentencing. The ground-breaking service is a first of its kind and has been an eye-opener about what’s really going …
Second Circuit: District Court’s Failure to Offer Explanation for Its Sentence Constitutes Plain Error
Article • September 15, 2020 • from CLN October, 2020
Filed under: U.S. Sentencing Guidelines, Failure to Instruct on Materiality as an Element of Crime
Second Circuit: District Court’s Failure to Offer Explanation for Its Sentence Constitutes Plain Error by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit held that a district court’s failure to offer an explanation for its sentence was plain error in violation of 18 U.S.C. …
Indiana Supreme Court: Must Be Immediate Causal Connection Between Confrontation and Other Crime by Defendant to Negate Self-Defense
Article • September 15, 2020 • from CLN October, 2020
Filed under: U.S. Sentencing Guidelines, Degree of connection to charged crimes
Indiana Supreme Court: Must Be Immediate Causal Connection Between Confrontation and Other Crime by Defendant to Negate Self-Defense by Douglas Ankney by Douglas Ankney The Supreme Court of Indiana reaffirmed the standard set forth in Mayes v. State, 744 N.E.2d 390 (Ind. 2001), that held a statute barring a claim …
Seventh Circuit: ‘Especially Compelling Justification’ Required for Same Maximum Sentence on Resentencing
Article • August 15, 2020 • from CLN September, 2020
Filed under: U.S. Sentencing Guidelines, First Step Act
Seventh Circuit: ‘Especially Compelling Justification’ Required for Same Maximum Sentence on Resentencing by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit held on June 19, 2020, that a district court resentencing someone again to the maximum sentence possible and well over double the recommended …
Seventh Circuit Explains ‘Conduct That is Part of Common Scheme or Plan’ for Sentencing Purposes
Article • August 15, 2020 • from CLN September, 2020
Filed under: U.S. Sentencing Guidelines, Same course of conduct or common scheme
Seventh Circuit Explains ‘Conduct That is Part of Common Scheme or Plan’ for Sentencing Purposes by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit explained the meaning of conduct that is “part of the same course of conduct or common scheme or plan” when …
Second Circuit Announces Categorical Approach Applies to State Convictions for Sentencing Enhancement Determination Under 21 U.S.C. § 841(b)(1)(B)
Article • August 15, 2020 • from CLN September, 2020
Filed under: U.S. Sentencing Guidelines, Felony Drug Offense
Second Circuit Announces Categorical Approach Applies to State Convictions for Sentencing Enhancement Determination Under 21 U.S.C. § 841(b)(1)(B) by Matthew Clarke by Matt Clarke On June 8, 2020, the U.S. Court of Appeals for the Second Circuit announced that federal courts are directed to use the categorical approach “to identify …
Page 6 of 9. « Previous | 1 2 3 4 5 6 7 8 9 | Next »