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Fourth Circuit: Erroneous Career Offender Sentence Correctable in First Step Act Resentencing
Article • July 15, 2020 • from CLN August, 2020
Filed under: U.S. Sentencing Guidelines, Sentencing Goals/Purposes/Practices
Fourth Circuit: Erroneous Career Offender Sentence Correctable in First Step Act Resentencing by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held on April 23, 2020, that a retroactive change in law that rendered a career offender sentence erroneous required a district court to …
Sixth Circuit: Courts May Consider Good Prison Conduct in Sentence Reduction Under First Step Act
Article • June 15, 2020 • from CLN July, 2020
Filed under: Good Time, U.S. Sentencing Guidelines
Sixth Circuit: Courts May Consider Good Prison Conduct in Sentence Reduction Under First Step Act by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held on April 14, 2020, that a sentencing court may consider a prisoner’s good conduct in fashioning a lower sentence …
First Circuit: Sentence Imposed Under 21 U.S.C. § 841(a)(1), (b)(1)(c) Is ‘Covered Offense’ Under § 404 of First Step Act
Article • June 15, 2020 • from CLN July, 2020
Filed under: U.S. Sentencing Guidelines, Pending Appeal/Sentencing, Fair Sentencing Act of 2010
First Circuit: Sentence Imposed Under 21 U.S.C. § 841(a)(1), (b)(1)(c) Is ‘Covered Offense’ Under § 404 of First Step Act by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the First Circuit held that a conviction for violation of 21 U.S.C. § 841(a)(1) is a “covered offense” …
Fifth Circuit Clarifies How ‘Pronouncement Requirement’ Applies to Supervision Conditions
Article • June 15, 2020 • from CLN July, 2020
Filed under: U.S. Sentencing Guidelines, Supervised Release - Conditions of
Fifth Circuit Clarifies How ‘Pronouncement Requirement’ Applies to Supervision Conditions by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit clarified how the requirement that a district court pronounce its sentence in the presence of the defendant applies to conditions of supervised release. After Rosie, …
Army Veteran Serving Life Without Parole for Taking $9
Article • June 15, 2020 • from CLN July, 2020
Filed under: U.S. Sentencing Guidelines, Veterans, Three Strikes Statutes/Rule
Army Veteran Serving Life Without Parole for Taking $9 by Douglas Ankney by Douglas Ankney Willie Simmons became addicted to drugs while in the Army and stationed abroad. In 1982, he was in Alabama and “in need of a quick fix.” Simmons wrestled a man to the ground and took …
Fourth Circuit Expands Savings Clause of § 2255(e) to Include Later Retroactivity of New Rule
Article • June 15, 2020 • from CLN July, 2020
Filed under: Habeas Corpus, U.S. Sentencing Guidelines, Mandatory Minimum Sentence
Fourth Circuit Expands Savings Clause of § 2255(e) to Include Later Retroactivity of New Rule by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held on March 4, 2020, that the savings clause of 28 U.S.C. § 2255(e) is available even if based on …
Fifth Circuit: Defendant Lacked Culpability in Attempting to Export Ammunition by Merely Purchasing It
Article • May 15, 2020 • from CLN June, 2020
Filed under: U.S. Sentencing Guidelines
Fifth Circuit: Defendant Lacked Culpability in Attempting to Export Ammunition by Merely Purchasing It by Anthony Accurso by Anthony Accurso The U.S. Court of Appeals for the Fifth Circuit held that a district court clearly erred in assigning a defendant a three-level enhancement for attempting to export ammunition when he …
Federal District Court Finds ‘Confusion’ Over Law in State Court Excused Late Filing of § 2255 Motion
Article • May 15, 2020 • from CLN June, 2020
Filed under: U.S. Sentencing Guidelines, Miscalculation of the Guidelines Sentencing Range
Federal District Court Finds ‘Confusion’ Over Law in State Court Excused Late Filing of § 2255 Motion by Dale Chappell by Dale Chappell Finding confusion in the state courts over the status of the law and obstacles put in place by the federal prison system that hindered filing for relief, …
Changing Perception, Changing The Law
Article • April 15, 2020 • from CLN May, 2020
Filed under: Sentencing, U.S. Sentencing Guidelines
Changing Perception, Changing The Law by Jean Trounstine What Mass. lawmakers can learn from the battle to end death by incarceration across the country by Jean Trounstine, DigBoston, March 3, 2020 With 2.3 million people behind bars, the United States is the world’s largest jailer. Yet after decades of holding …
Ninth Circuit Opens Door for Savings Clause Relief, Recognizes ‘Actual Innocence’ for Mandatory Career Offender Sentences
Article • April 15, 2020 • from CLN May, 2020
Filed under: U.S. Sentencing Guidelines
Ninth Circuit Opens Door for Savings Clause Relief, Recognizes ‘Actual Innocence’ for Mandatory Career Offender Sentences by Dale Chappell by Dale Chappell Finally answering a question that had been left open in the Circuit, the U.S. Court of Appeals for the Ninth Circuit held on February 24, 2020, that a …
SCOTUS: Advocating for Shorter Sentence Sufficient to Preserve Claim that Sentence Imposed Greater Than Necessary to Comply With 18 U.S.C. § 3553(a)
Article • April 15, 2020 • from CLN May, 2020
Filed under: U.S. Sentencing Guidelines
SCOTUS: Advocating for Shorter Sentence Sufficient to Preserve Claim that Sentence Imposed Greater Than Necessary to Comply With 18 U.S.C. § 3553(a) by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”) ruled that when a defendant argues before the trial court for a sentence shorter …
New York Court of Appeals Orders Resentencing Because Trial Court Relied on Testimony from Improperly Unsealed Record
Article • April 15, 2020 • from CLN May, 2020
Filed under: U.S. Sentencing Guidelines
New York Court of Appeals Orders Resentencing Because Trial Court Relied on Testimony from Improperly Unsealed Record by Douglas Ankney by Douglas Ankney The New York Court of Appeals ordered that the defendant (not identified by name) be resentenced because the trial court had imposed an enhanced sentence based on …
Seventh Circuit: Unsupported CI Statements Insufficient to Justify Higher Drug Quantity for Sentencing
Article • April 15, 2020 • from CLN May, 2020
Filed under: U.S. Sentencing Guidelines, Lack of Evidence, 18 U.S.C. § 3582(c)(2)
Seventh Circuit: Unsupported CI Statements Insufficient to Justify Higher Drug Quantity for Sentencing by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit held on January 28, 2020, that the unsupported statements by confidential informants (“CI”) about drug amounts and transactions outside the direct criminal …
First Step Act of 2018 Resentencing Provisions Retroactivity Data Report, U.S. Sentencing Commission, 2019
Publication • 2019
Filed under: Crime/Demographics, Sentencing, U.S. Sentencing Guidelines, Drug Trafficking Crimes
First Step Act of 2018 Resentencing Provisions Retroactivity Data Report, U.S. Sentencing Commission, 2019 U.S. Sentencing Commission First Step Act of 2018 Resentencing Provisions Retroactivity Data Report June 2019 Introduction As part of its ongoing mission, the United States Sentencing Commission provides Congress, the judiciary, the executive branch, and the …
First Circuit: Sentencing Courts May Consider New Career Offender Guideline Amendment 798, Even Though Not Retroactive
Article • March 16, 2019 • from CLN April, 2019
Filed under: Appeals, Sentencing, U.S. Sentencing Guidelines
First Circuit: Sentencing Courts May Consider New Career Offender Guideline Amendment 798, Even Though Not Retroactive by Dale Chappell by Dale Chappell In a case where a defendant was sentenced when the career offender guideline still contained the so-called residual clause, the U.S. Court of Appeals for the First Circuit …
Third Circuit: Summons Is Not an Arrest for USSG Criminal History Calculation
Article • February 14, 2019 • from CLN March, 2019
Filed under: Sentencing, U.S. Sentencing Guidelines, Traffic stop
Third Circuit: Summons Is Not an Arrest for USSG Criminal History Calculation by Mark Wilson by Mark Wilson The U.S. Court of Appeals for the Third Circuit held that the issuance of a summons to appear on a traffic stop is not an arrest for purposes of calculating criminal history …
Minnesota Supreme Court Holds Sentencing Guidelines 
at Time of Offense, Not Time of Sentencing, Controls for Purposes of Calculating Criminal History Score
Article • February 14, 2019 • from CLN March, 2019
Filed under: Sentencing, U.S. Sentencing Guidelines
Minnesota Supreme Court Holds Sentencing Guidelines at Time of Offense, Not Time of Sentencing, Controls for Purposes of Calculating Criminal History Score by Matthew Clarke by Matt Clarke  On August 15, 2018, the Supreme Court of Minnesota held that the classification of a previous offense used to calculate a defendant’s …
Intra-City Differing Practices in Federal Sentencing, US Sentencing Commission, 2019
Publication • January 1, 2019
Filed under: Statistics/Trends, U.S. Sentencing Guidelines, Discretion of the Attorney General
Intra-City Differing Practices in Federal Sentencing, US Sentencing Commission, 2019 United States Sentencing Commission January 2019 INTRA-CITY DIFFERENCES IN FEDERAL SENTENCING PRACTICES Federal District Judges in 30 Cities, 2005 - 2017 REPORT OF THE UNITED STATES SENTENCING COMMISSION INTRA-CITY DIFFERENCES IN FEDERAL SENTENCING PRACTICES Federal District Judges in 30 Cities, …
Fourth Circuit: Federal Conspiracy to Commit Murder in Aid of Racketeering Not a Crime of Violence for Purposes of Sentencing Guidelines Enhancement
Article • December 29, 2018 • from CLN January, 2019
Filed under: Appeals, U.S. Sentencing Guidelines
Fourth Circuit: Federal Conspiracy to Commit Murder in Aid of Racketeering Not a Crime of Violence for Purposes of Sentencing Guidelines Enhancement by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Fourth Circuit ruled that conspiracy to commit murder in aid of racketeering, in violation …
First Circuit Orders Resentencing Where Trial Counsel Failed to Secure Three-Level Reduction Under Sentencing Guidelines
Article • December 5, 2018 • from CLN December, 2018
Filed under: U.S. Sentencing Guidelines
First Circuit Orders Resentencing Where Trial Counsel Failed to Secure Three-Level Reduction Under Sentencing Guidelines by David Reutter by David Reutter The U.S. Court of Appeals for the First Circuit ruled a defendant was entitled to be resentenced where trial counsel failed to secure a three-level reduction under the federal …
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