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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 Vacated by Richard Resch The Supreme Court of the United States held that when an offender convicted under § 924(c) had been sentenced …
Blindfolded Juries, Coerced Convictions: Why Prosecutors Often Win Before Trials Even Begin by Clark Neily This article was originally published by the Cato Institute at cato.org. It has been reprinted with permission.   The Bill of Rights dedicates more words to the resolution of criminal charges than any other subject, …
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. …
Article • January 15, 2021 • from CLN February, 2021
Sixth Circuit Vacates Sentence Because Government Failed to Prove Sentencing Enhancements Apply by Dale Chappell by Dale Chappell In a case where the Government failed to prove that firearm enhancements applied at sentencing, the U.S. Court of Appeals for the Sixth Circuit ruled that the U.S. District Court for the …
Article • August 15, 2020 • from CLN September, 2020
Filed under: Alternative Sentences
California Court of Appeal Holds Canizales Decision Limiting Kill Zone Theory Applies Retroactively by Matthew Clarke by Matt Clarke The Court of Appeal of California, Second Appellate District, held on June 16, 2020, that the California Supreme Court’s decision limiting the kill zone theory in prosecutions for attempted premeditated murder …