Washington Supreme Court: Judgment and Sentence Facially Invalid Based on Miscalculated Offender Score Despite Defendant’s Stipulation to Exceptional Sentence by Sam Rutherford by Sam Rutherford The Supreme Court of Washington held that a defendant’s judgment and sentence was facially invalid and thus exempt from the one-year time limit for seeking …

Ninth Circuit Clarifies ‘Implicit Breach’ Case Law Regarding When Government Breaches Plea Agreement by Responding to Defendant’s Request for Downward Variant Sentence by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Ninth Circuit, sitting en banc, clarified when the Government breaches its promise in a plea …

First Circuit Holds Government Breached Plea Agreement With Defendant by Failing to Explain Why It Agreed to Substantial Downward-Variant Sentence by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the First Circuit held that the Government violated the terms of its plea agreement with a defendant where …

Third Circuit: Pennsylvania Second-Degree Aggravated Assault of a Protected Individual Not a ‘Violent Felony’ Under ACCA, Court Acknowledges ‘Bizarre Result’ by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the Third Circuit held that second-degree aggravated assault of a protected individual in violation of 18 Pa. …

Tenth Circuit Joins Other Circuits, Holding Federal Offense of Conviction, Not Underlying Conduct, Determines First Step Act Eligibility by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Tenth Circuit held that a district court is authorized to correct an erroneous career offender enhancement when a defendant …

Massachusetts Supreme Court Announces ‘Habitual Offender’ Statute Allows for Sentence of Probation Only by Dale Chappell by Dale Chappell Because the law ambiguously provides that a court must impose the “maximum term” for a prison sentence for someone convicted as a “habitual criminal,” the Massachusetts Supreme Judicial Court, applying the …

Fourth Circuit: Erroneous Career Offender Sentence Correctable in First Step Act Resentencing by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held on April 23, 2020, that a retroactive change in law that rendered a career offender sentence erroneous required a district court to …