Skip navigation

Search

13 results
Article • February 1, 2025 • from CLN February, 2025
Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA by Dale Chappell by Dale Chappell If you’re reading this, you’re probably looking to understand how to challenge your state court conviction in federal court. Federal habeas corpus petitions give you that chance, but since 1996, the path has gotten …
Third Circuit District Court Erred by Failing to Consider Mitigating Evidence Under § 3553(a) Because It Mistakenly Believed Such Grounds Already Taken Into Consideration Based on Safety-Valve, Minor Role, and Acceptance of Responsibility Departures in by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Third Circuit …
Article • August 1, 2024 • from CLN August, 2024
First Circuit: District Court’s One-Sentence Explanation for 10-Year Upward Departure From Sentencing Guidelines Range Insufficient to Justify Significant Variance by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the First Circuit overturned a sentence imposed by the U.S. District Court for the District of Puerto Rico, holding …
U.S. Sentencing Commission Votes Unanimously to Restrict Use of Acquitted Conduct at Sentencing by Sam Rutherford by Sam Rutherford   On April 17, 2024, the U.S. Sentencing Commission voted unanimously to limit consideration of conduct for which a person was acquitted in federal court from being used in calculating the …
Fourth Circuit: Denial of Motion for Compassionate Release Abuse of Discretion Where District Court Failed to Properly Address Numerous Health Issues, Advanced Age, and Relevant § 3553(a) Factors by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that a District Court’s denial of …
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 …
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 …
Article • December 15, 2022 • from CLN January, 2023
Fourth Circuit Announces Substantive Reasonableness Review Applies to All Proceedings Under § 404 of First Step Act, Regardless of Whether Motion Is Granted or Denied by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that substantive reasonableness review applies to all proceedings under …
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 …
Article • February 15, 2021 • from CLN March, 2021
Seventh Circuit Joins Other Circuits Holding Any Crack Cocaine Offense Under § 841 Qualifies for First Step Act Relief by Dale Chappell by Dale Chappell In a case broadening the scope of relief for crack cocaine offenders under the First Step Act, the U.S. Court of Appeals for the Seventh …
Article • October 15, 2020 • from CLN November, 2020
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 …
Article • June 15, 2020 • from CLN July, 2020
Sixth Circuit: District Court’s Refusal to Reduce Crack Sentence Under First Step Act Requires Justification by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Sixth Circuit held on May 15, 2020, that the refusal by the U.S. District Court for the Eastern District of Kentucky to …
The Effects of Male Incarceration Dynamics on Acquired Immune Deficiency Syndrome Infection Rates among African American Women and Men, Chicago Journals, 2014 The University of Chicago The Booth School of Business of the University of Chicago The University of Chicago Law School The Effects of Male Incarceration Dynamics on Acquired …