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Article • March 15, 2025 • from CLN April, 2025
Fifth Circuit Announces Definition of ‘Controlled Substance’ in Effect at Time of Current Sentencing Applies for Purposes of Career-Offender Enhancement, Not Definition at Time of Prior Sentencings by Jeffrey Cohen by Jeffrey Cohen The United States Court of Appeals for the Fifth Circuit held that the definition of “controlled substance” …
Article • February 1, 2025 • from CLN February, 2025
Ninth Circuit Announces California Assault With Deadly Weapon Conviction Not ‘Crime of Violence’ for Career Offender Enhancement Under Sentencing Guidelines by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit held that a defendant’s prior California conviction for assault with a deadly weapon under Cal. …
SCOTUS: Jury, Not Judge, Must Determine Whether Defendant’s Prior Offenses Were Committed on ‘Occasions Different From One Another’ for Enhanced Sentence Under Armed Career Criminal Act by Sam Rutherford by Sam Rutherford The Supreme Court of the United States held that a jury must determine beyond a reasonable doubt whether …
Article • July 15, 2024 • from CLN July, 2024
SCOTUS Announces Federal Sentence Under ACCA Based on Federal Classification of Drug at Time of State Court Proceeding by Sam Rutherford by Sam Rutherford The Supreme Court of the United States held that whether a state court drug conviction counts as a “serious drug offense” under the Armed Career Criminal …
Article • May 15, 2024 • from CLN May, 2024
Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that Maryland’s first-degree assault statute, Md. Code, Art. 27 § 12A -1, is indivisible, and a …
Eleventh Circuit Announces Defendant May Not Be Sentenced to Home Confinement for Violating Terms of Supervised Release When Sentenced to Statutory Maximum Period of Imprisonment for the Violation by Douglas Ankney by Douglas Ankney In a case of first impression, the U.S. Court of Appeals for the Eleventh Circuit held …
Third Circuit: Pennsylvania Conviction for First-Degree Aggravated Assault Does Not Require Physical Force so Is Not Qualifying Predicate for ACCA Purposes by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit held that because a conviction under Pennsylvania’s first-degree aggravated assault statute, 18 Pa. Cons. …
Article • December 15, 2023 • from CLN December, 2023
Sixth Circuit: Because Ohio’s Aggravated Robbery Statute Does Not Contain Mens Rea Requirement, Conviction Is Violent Felony Under ACCA Only if Underlying Theft in Robbery Contains Required Mens Rea by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Sixth Circuit held that because Ohio’s aggravated robbery …
Supreme Court of California: After Amendments to Three Strikes Law, Courts Retain Concurrent Sentencing Discretion for Qualifying Offenses Committed on Same Occasion or Arising From Same Operative Facts by Douglas Ankney by Douglas Ankney The Supreme Court of California held that after amendments to the Three Strikes law, trial courts …
Article • July 15, 2022 • from CLN August, 2022
Fourth Circuit: South Carolina Marijuana Law Not a Categorical Match to Federal Law for ACCA Sentencing by David Reutter by David M. Reutter The U.S. Court of Appeals for the Fourth Circuit held that a defendant’s convictions under South Carolina law for possession of marijuana with intent to distribute in …
Article • May 1, 2022 • from CLN May, 2022
SCOTUS Rejects Government’s Interpretation of the ACCA’s ‘Occasions Clause’ That Would Make It Possible to Become ‘a Career Criminal in the Space of a Minute’ by Richard Resch by Richard Resch In a 9-0 opinion delivered by Justice Kagan, the Supreme Court of the United States held that defendant’s 10 …
Article • September 15, 2021 • from CLN October, 2021
11th Circuit: District Court Must Demonstrate It Considered § 3553(a) Factors When Denying Motion for Compassionate Release by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit vacated the U.S. District Court for the Southern District of Florida’s order denying compassionate release because the district …
Article • June 15, 2020 • from CLN July, 2020
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 …
Article • June 15, 2020 • from CLN July, 2020
Eleventh Circuit Holds Hobbs Act Robbery Doesn’t Trigger Career Offender Enhancement by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Eleventh Circuit held on March 24, 2020, that substantive Hobbs Act robbery is “too broad” and doesn’t qualify to require a sentencing enhancement under the career …
Article • April 15, 2020 • from CLN May, 2020
Ninth Circuit: Proposition 47 Creates New, Intervening Judgment to Allow Another Federal Habeas Petition Attacking Entire Case by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Ninth Circuit held on January 30, 2020, that the “reclassification” of a prior conviction as a misdemeanor under Proposition 47 …
Washington’s Three Strikes Law, Colombia Legal Services Washington’s Three Strikes Law PUBLIC SAFETY & COST IMPLICATIONS OF LIFE WITHOUT PAROLE Washington’s Three Strikes Law PUBLIC SAFETY & COST IMPLICATIONS OF LIFE WITHOUT PAROLE Washington’s Three Strikes Law Executive Summary 3 Lessons Learned From Washington’s Three Strikers Age 5 Mental Illness …