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SCOTUS Announces Sentence ‘Has Not Been Imposed’  for Purposes of First Step Act Retroactivity Upon Resentencing When § 924(c) Offender Sentenced Prior to Act’s Enactment  but Sentence Subsequently Va...

Article • August 1, 2025 • from CLN August, 2025

Filed under: Retroactivity, First Step Act, Resentencing, Recidivist Enhancements, Stacking Mandatory Minimum Sentences

SCOTUS Announces Sentence ‘Has Not Been Imposed’ for Purposes of First Step Act Retroactivity Upon Resentencing When § 924(c) Offender Sentenced Prior to Act’s Enactment but Sentence Subsequently Vacated by Richard Resch The Supreme Court of the United States held that when an offender convicted under § 924(c) had been sentenced …

Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes

Article • May 15, 2024 • from CLN May, 2024

Filed under: U.S. Sentencing Guidelines, Career Offenders, Recidivist Enhancements

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 …

Federal Sentencing Guidelines Undergo Substantial Amendments

Article • January 15, 2024 • from CLN January, 2024

Filed under: U.S. Sentencing Guidelines, First Step Act, Violence Against Women Act, Criminal History, Qualifying Offenses, Sentence Enhancements/Departures, Sexual Abuse/Harrassment/Exploitation, Sexual Exploitation of Minors, Federally Protected Rights, Sexual Conduct with Minors, Sentences - Authorized, Safety Valve, Acceptance of Responsibility, Preservation of Judicial Resources, Legal or Factual Challenges - assertion of

Federal Sentencing Guidelines Undergo Substantial Amendments by David Reutter by David M. Reutter The United States Sentencing Commission (“Commission”) adopted nine amendments to the Federal Sentencing Guidelines (“Guidelines”) that became effective on November 1, 2023. It’s the first action by the Commission since it lost a quorum in early 2019. …

Third Circuit: Pennsylvania Conviction for First-Degree Aggravated Assault Does Not Require Physical Force so Is Not Qualifying Predicate for ACCA Purposes

Article • December 15, 2023 • from CLN December, 2023

Filed under: U.S. Sentencing Guidelines, Three Strikes, Career Offenders, Three Strikes Statutes/Rule, Recidivist Enhancements

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. …

Texas Court of Criminal Appeals: Adding Felony Counts by Amending Indictment Constitutes Addition of More Offenses

Article • March 15, 2023 • from CLN April, 2023

Filed under: U.S. Sentencing Guidelines, Qualifying Offenses, Civil Rights Actions or Offenses/Bivens Actions

Texas Court of Criminal Appeals: Adding Felony Counts by Amending Indictment Constitutes Addition of More Offenses by Douglas Ankney by Douglas Ankney The Court of Criminal Appeals of Texas ruled that adding felony counts to an indictment via an amended indictment constitutes the adding of additional offenses to the indictment …