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Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premise...
Article • April 15, 2025 • from CLN May, 2025
Filed under: Premises Liability, Witnesses - Prior Statements/Testimony, Felony Drug Offense, Confessions and Statements of Defendant
Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises by David Reutter by David M. Reutter The United States Court of Appeals for the Fifth Circuit held that the U.S. District Court …
SCOTUS Announces Federal Sentence Under ACCA Based on Federal Classification of Drug at Time of State Court Proceeding
Article • July 15, 2024 • from CLN July, 2024
Filed under: Career Offenders, Drug Laws/Offenses, Sentencing Findings
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 …
Sixth Circuit: District Court Committed Procedural Error by Impermissibly Ceding Its Discretion to Congress to Determine Guidelines’ Crack-to-Powder Ratio at Sentencing
Article • December 15, 2023 • from CLN December, 2023
Filed under: U.S. Sentencing Guidelines, Fair Sentencing Act of 2010, Sentencing Findings, Miscalculation of the Guidelines Sentencing Range
Sixth Circuit: District Court Committed Procedural Error by Impermissibly Ceding Its Discretion to Congress to Determine Guidelines’ Crack-to-Powder Ratio at Sentencing by David Reutter by David M. Reutter The U.S. Court of Appeals for the Sixth Circuit held a District Court commits “procedural error by failing to appreciate the scope …
Ninth Circuit Announces No Deference to Application Note 1 to Guideline § 4B1.2(b) Because It Impermissibly Expands Definition of ‘Controlled Substance Offense’
Article • October 1, 2023 • from CLN October, 2023
Filed under: Controlled Substances, Felony Drug Offense
Ninth Circuit Announces No Deference to Application Note 1 to Guideline § 4B1.2(b) Because It Impermissibly Expands Definition of ‘Controlled Substance Offense’ by Douglas Ankney by Douglas Ankney In deepening an already wide Circuit split, the U.S. Court of Appeals for the Ninth Circuit announced that the Court cannot defer …
Incarceration of Youths in an Adult Correctional Facility and Risk of Premature Death-July 2023
Publication • July 5, 2023
Filed under: Lack of Guidance as a Youth, Youthful Offender Adjudications
Incarceration of Youths in an Adult Correctional Facility and Risk of Premature Death-July 2023 JAMAIOpen,. Network Original Investigation | Public Health Incarceration of Youths in an Adult Correctional Facility and Risk of Premature Death Ian A. Silver, PhD; Daniel C. Semenza, PhD; Joseph L. Nedelec, PhD Abstract IMPORTANCE Youths incarcerated …
Jama Network-Incarceration of Youths in Adult Correctional Facility and Risk of Premature Death, July 2023
Publication • July 5, 2023
Filed under: Youth Services International, Youth Service Systems, Youthful Offender Adjudications
Jama Network-Incarceration of Youths in Adult Correctional Facility and Risk of Premature Death, July 2023 JAMAIOpen,. Network Original Investigation | Public Health Incarceration of Youths in an Adult Correctional Facility and Risk of Premature Death Ian A. Silver, PhD; Daniel C. Semenza, PhD; Joseph L. Nedelec, PhD Abstract IMPORTANCE Youths …
Fifth Circuit: District Court Miscalculated Sentencing Guidelines Range by Implausibly Finding Defendant Would Use All Cash Proceeds of Drug Sales Seized to Purchase More Meth to Resell
Article • July 15, 2022 • from CLN August, 2022
Filed under: War on Drugs, Mandatory Minimums
Fifth Circuit: District Court Miscalculated Sentencing Guidelines Range by Implausibly Finding Defendant Would Use All Cash Proceeds of Drug Sales Seized to Purchase More Meth to Resell by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit held that the U.S. District Court for the …
Second Circuit: District Court Required to Explain Rationale for Reducing Sentence to ‘Time Served’ Under First Step Act but Refused to Reduce Supervised Release Portion of Sentence Despite Being Long...
Article • March 15, 2022 • from CLN April, 2022
Filed under: First Step Act, Probation, Parole & Supervised Release, Mandatory Minimums
Second Circuit: District Court Required to Explain Rationale for Reducing Sentence to ‘Time Served’ Under First Step Act but Refused to Reduce Supervised Release Portion of Sentence Despite Being Longer Than New Mandatory Minimum by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Second Circuit vacated …
SCOTUS: § 2(a) of Fair Sentencing Act Modifies Statutory Penalties Only for Subparagraphs (A) and (B) of 21 U.S.C. § 841(b)(1)— the Mandatory-Minimum Provisions
Article • September 15, 2021 • from CLN October, 2021
Filed under: Fair Sentencing Act of 2010, Mandatory Minimums
SCOTUS: § 2(a) of Fair Sentencing Act Modifies Statutory Penalties Only for Subparagraphs (A) and (B) of 21 U.S.C. § 841(b)(1)— the Mandatory-Minimum Provisions by Douglas Ankney by Douglas Ankney  A unanimous Supreme Court of the United States (“SCOTUS”) held that § 2(a) of the Fair Sentencing Act modified the …
Federal Judge: ‘Offense of Conviction’ Under Guidelines Excludes Relevant Conduct for Sentencing
Article • September 15, 2021 • from CLN October, 2021
Filed under: U.S. Sentencing Guidelines, Mandatory Minimums
Federal Judge: ‘Offense of Conviction’ Under Guidelines Excludes Relevant Conduct for Sentencing by Dale Chappell by Dale Chappell In a case where a defendant admitted to selling drugs that previously led to an overdose-death but was only convicted of selling drugs that did not result in a death, the U.S. …
California Court of Appeal: § 3051’s Exclusion of One Strike Offenders from Youthful Offender Parole Hearings Violates Equal Protection
Article • June 15, 2021 • from CLN July, 2021
Filed under: Equal Protection Clause/Claims, Youthful Offender Adjudications
California Court of Appeal: § 3051’s Exclusion of One Strike Offenders from Youthful Offender Parole Hearings Violates Equal Protection by Douglas Ankney by Doug Ankney The Court of Appeal of California, Second Appellate District, held that Penal Code § 3051, subd. (h) violates the equal protection rights of Andre Lamont …
Session’s Directive to Seek Harshest Sentencing Rescinded
Article • February 16, 2021
Filed under: U.S. Sentencing Guidelines, Mandatory Minimums
Session’s Directive to Seek Harshest Sentencing Rescinded by by Kevin Bliss Acting Attorney General Monty Wilkinson recently issued a memo to the Department of Justice (DOJ) rescinding a Trump-era policy of seeking the highest charges and the longest sentence possible for offenders in all criminal cases. In 2013, Former Attorney …
Sixth Circuit Vacates First Step Act 
Resentencing Denial Where Court Failed 
to Consider Post-Sentencing Conduct
Article • November 15, 2020 • from CLN December, 2020
Filed under: Resentencing, Felony Drug Offense
Sixth Circuit Vacates First Step Act Resentencing Denial Where Court Failed to Consider Post-Sentencing Conduct by Anthony Accurso   by Anthony Accurso In a decision filed on August 26, 2020, the U.S. Court of Appeals for the Sixth Circuit vacated the U.S. District Court for the Western District of Kentucky’s …
SCOTUS Announces Large Portion of Oklahoma Remains Tribal Land in Which State Lacks Jurisdiction to Try Native Americans
Article • August 15, 2020 • from CLN September, 2020
Filed under: Native American, Authority and Jurisdiction, Lack of Authority to Change
SCOTUS Announces Large Portion of Oklahoma Remains Tribal Land in Which State Lacks Jurisdiction to Try Native Americans by Douglas Ankney by Douglas Ankney The Supreme Court of the United States (“SCOTUS”), in a 5-4 decision, ruled in favor of a defendant who argued that the State of Oklahoma (“Oklahoma”) …
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 …
Federal Judge Issues Order Reducing 40-Year Stacked § 924(c) Sentence Based on First Step Act Changes to Compassionate Release
Article • May 15, 2020 • from CLN June, 2020
Filed under: Sentencing Findings, Compassionate Release
Federal Judge Issues Order Reducing 40-Year Stacked § 924(c) Sentence Based on First Step Act Changes to Compassionate Release by Chad Marks by Chad Marks On a cold February 2003 night, my life was shattered. That is when I was arrested and charged with a crack cocaine conspiracy along with …