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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 …
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
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 …