Nebraska Supreme Court Clarifies Procedure for Crediting Jail Time to Multiple Contemporaneously-Imposed Sentences by Matthew Clarke In a case of first impression, the Supreme Court of Nebraska clarified the procedure to be used when crediting time spent in pretrial incarceration against multiple contemporaneously-imposed sentences pursuant to Neb. Rev. Stat. § 83-1.106, …

First Step Act Linked to Modest Reductions in Time Served by Federal Prisoners by Jo Ellen Nott by Jo Ellen Nott The First Step Act (“FSA”), enacted in 2018, aimed to reduce recidivism and reform federal sentencing practices. A recent report by the Council on Criminal Justice (“CCJ”) showed modest …

First Circuit: Defendant Did Not Understand Consequences of Guilty Plea Because District Court and Counsel Led Him to Reasonably Believed Plea Agreement Would Result in Sentence Below Applicable Mandatory Minimum by David Reutter by David M. Reutter   The U.S. Court of Appeals for the First Circuit vacated a defendant’s …

California Court of Appeal Reiterates ‘Three Strikes’ Law Does Not Limit ‘Presentence’ Custody Credits, Defendant Entitled to Credits Calculated Under Penal Code § 4019 by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Second Appellate District, ruled that assault with a firearm is not a violent felony …

Montana Supreme Court: Detainee Entitled to Pre-Sentence Credit for Time Served Regardless if Also Held in Connection With Another Matter in Another County by Douglas Ankney by Douglas Ankney The Supreme Court of Montana held that Mark Alan Mendoza was entitled to credit for each day he spent in pre-sentence …

Colorado Supreme Court Announces New Rules for Awarding Presentencing Credit by Anthony Accurso by Anthony Accurso The Supreme Court of the State of Colorado reversed its earlier precedent and announced a new set of rules for determining when a defendant should be granted presentence confinement credit (“PSCC”). Derick Wayne Russell …