U.S. Sentencing Commission Votes Unanimously to Restrict Use of Acquitted Conduct at Sentencing by Sam Rutherford by Sam Rutherford   On April 17, 2024, the U.S. Sentencing Commission voted unanimously to limit consideration of conduct for which a person was acquitted in federal court from being used in calculating the …

DOJ Concludes Louisville Police Engaging in Patterns of Unconstitutional Conduct by Douglas Ankney by Douglas Ankney After conducting a two-year investigation in the wake of the fatal shooting of Breonna Taylor by police, the U.S. Department of Justice (“DOJ”) concluded that the Louisville Metro Police Department (“LMPD”) engages in patterns …

No Discipline for NYPD Officers Who Deface License Plates in Apparent Attempt to Evade Tickets by Douglas Ankney by Douglas Ankney Gersh Kuntzman, editor of Streetsblog, spent the first quarter of 2023 documenting New York Police Department (“NYPD”) officers who defaced their license plates, making the plates unreadable to the city’s …

Vermont Supreme Court Announces Proper Legal Standard for Warrantless Search of Home’s Curtilage by Anthony Accurso by Anthony W. Accurso  The Vermont Supreme Court held that it is an unconstitutional search where an officer actively searches for evidence of a crime on a home’s curtilage while present for purpose unrelated …

Tenth Circuit, Joining Sister Circuits, Announces ‘Personal-Use’ Drug Quantity Doesn’t Constitute ‘Relevant Conduct’ Under Guidelines § 1B1.3(a) and Sets Forth Framework for Burden of Proof Analysis by Douglas Ankney by Douglas Ankney  In a case of first impression, the U.S. Court of Appeals for the Tenth Circuit adopted the burden-shifting …

California Court of Appeal: Superior Courts Must Consider Only Elements of Prior Adjudicated Felony, Not Juvenile’s Conduct for § 1170(d)(2)(B) Purposes by Douglas Ankney by Douglas Ankney The California Court of Appeal, Fifth Appellate District, held that Superior Courts are to consider only the elements of a juvenile’s prior adjudicated …

Seventh Circuit Explains ‘Conduct That is Part of Common Scheme or Plan’ for Sentencing Purposes by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit explained the meaning of conduct that is “part of the same course of conduct or common scheme or plan” when …