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Seventh Circuit: Bureau of Prisons Improperly Prolonged Prisoner’s Sentence
Loaded on Dec. 28, 2018
by Christopher Zoukis
published in Criminal Legal News
January, 2019, page 20
by Christopher Zoukis
The United States Court of Appeals for the Seventh Circuit took the federal Bureau of Prisons to task for using its statutory authority to improperly prolong a prisoner’s sentence. The opinion vacated a district court opinion denying the prisoner habeas corpus relief and remanded for further proceedings. ...
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More from this issue:
- How Defense Lawyers Break Attorney-Client Privilege to Defend Ineffective Assistance of Counsel Claims, by Steve Horn
- Fee to Plead Guilty Burdens Indigent Defendants in Pennsylvania, by Dale Chappell
- California Court of Appeal: Youth Offender Parole Statute Trumps Consecutive Prison Term Statute, by Christopher Zoukis
- Very Few Have Taken Advantage of New York’s Program to Seal Criminal Records, by Edward Lyon
- Homeland Security One Step Closer to Becoming Big Brother Incarnate, by Christopher Zoukis
- St. Louis Police Department Fighting Prosecution Exclusion List, by Kevin Bliss
- Junk Sciences and Scientists Strike Again in Texas, by Edward Lyon
- Global Voice Recognition Database Alarms Privacy Groups, by Kevin Bliss
- Philadelphia Pays Out Millions to Settle Police Shootings, by Edward Lyon
- Scottish Psychologist’s Study Focuses On Why the Innocent May Confess to Crimes, by Derek Gilna
- U.S. Government Paid Out Over $60 Million to Settle Border Patrol Violence Claims, by Christopher Zoukis
- New Hampshire’s Secret List of Problematic Cops Gets Worse, by Dale Chappell
- Crime Labs Falling Short, by Edward Lyon
- Eleventh Circuit Denies Qualified Immunity to Florida Cop Who Seized iPhone from Accident Bystander, by Christopher Zoukis
- Fourth Circuit: Federal Conspiracy to Commit Murder in Aid of Racketeering Not a Crime of Violence for Purposes of Sentencing Guidelines Enhancement, by Christopher Zoukis
- Colorado Leads U.S. in Suppression of Court Cases, by Kevin Bliss
- Kansas Supreme Court Rules Fourth Amendment Violation Where Purported Inventory Search Was Performed in Absence of Standard Policy, by Richard Resch
- Massachusetts Supreme Court Shifts Burden on Government to Prove by Clear and Convincing Evidence Sex Offender Poses Continued Risk at Termination of Registry Hearings, by Dale Chappell
- Report: NYPD Assisted in Creating Facial Recognition Technology, by Kevin Bliss
- South Carolina Supreme Court Rules Mandatory Electronic Monitoring of Sex Offenders Must Be ‘Reasonableness’ Under Fourth Amendment, by Dale Chappell
- Minnesota Supreme Court Joins the Chorus by Announcing Birchfield is Retroactive, by Christopher Zoukis
- $1 Million Settlement by Cleveland to Six Rape, Murder Victims’ Families, by Kevin Bliss
- Connecticut Supreme Court Finds IAC for Failure to Investigate Key Alibi Witness, Grants New Trial, by Dale Chappell
- Ninth Circuit Holds Undisclosed Relationship Between Murdered FBI Agent and Presiding Judge in Capital Case Created Intolerable Risk of Judicial Bias, Warranting Habeas Relief, by David Reutter
- Ninth Circuit Rules California Robbery Not a ‘Crime of Violence’ in Light of Dimaya and Allows Withdrawal of Guilty Plea, by David Reutter
- Civil Rights Groups Urge Ending Use of Pretrial Bail Risk Assessment Tools, by Steve Horn
- California’s New Cashless Bail System More Likely to Increase Number of Detainees, by Kevin Bliss
- Article Calls for Courts to Implement ‘Brady Violation Disclosure Letter’ System, by Steve Horn
- Georgia Can No Longer Charge for Access to Its Statutes, Thanks to Eleventh Circuit Ruling
- I once wrote mandatory minimum laws. After ties to Abramoff landed me in prison, I know they must end., by Kevin Ring
- Seventh Circuit Vacates Conditions of Supervised Release Following Child Pornography Conviction, by Matthew Clarke
- Illinois: Chicago Police Misconduct Outed in Database 2.0 Version, by Edward Lyon
- Seventh Circuit: Bureau of Prisons Improperly Prolonged Prisoner’s Sentence, by Christopher Zoukis
- Oregon Supreme Court: ‘Grooming’ Evidence Requires Scientific Validity Foundation, by Mark Wilson
- Massachusetts Supreme Court Overturns Conviction Based on Prosecutor’s False Statement During Closing Argument, by Dale Chappell
- District Court Holds that Some White-Collar Felons May Lawfully Possess Firearms Due to a Little Known Exemption For Crimes ‘Relating to the Regulation of Business Practices’
- Harris County, Texas Prosecutors Review DWI Cases Impacted by Discredited Expert, by Derek Gilna
- Massachusetts Supreme Court Tosses Thousands of Drug Cases After Lab Tech Scandal and Government Cover-Up, by Dale Chappell
- Tenth Circuit Rules Police Seizure of Home Where No Evidence of Criminal Activity Apparent Violates Fourth Amendment Requiring Suppression of Incriminating Evidence, by Richard Resch
- Seventh Circuit: Procedural Error Occurs When Miscount of Prior Convictions Basis for Sentence, Resentencing Required, by David Reutter
- Police Misconduct Threatens Over 20,000 New Jersey Drunk Driving Convictions, by Derek Gilna
- Nevada Court of Appeals Rules Police May Not Conduct Warrantless Search Based on Third-Party Consent Where No Effort Made to Determine Whether Person Has Authority to Do So, by Richard Resch
- New York City Cops Using Supposedly Sealed Arrest Records, by Edward Lyon
- Ninth Circuit Grants Habeas for IAC of Resentencing Counsel Who Failed to Challenge Sole Aggravating Factor or Investigate Mitigating Circumstances, by Matthew Clarke
- News in Brief
- Kansas Supreme Court Holds Travel Plan Questions Unconstitutionally Extended Traffic Stop, by Matthew Clarke
- The Fallibility of Forensic Science: Crime-Solving Tool Can Lead to Wrongful Convictions—and Belated Exonerations, by Rick Anderson
More from Christopher Zoukis:
- The Contraband Wars Prison authorities target books and mail, miss the goods coming through the staff door, July 1, 2021
- Trump v. Biden on Criminal Justice, Oct. 1, 2020
- Coronavirus in Prison: The Cruel Reality, Aug. 1, 2020
- With Lives of Immigrant Detainees at Risk to COVID-19, Federal Judge Forces ICE’s Hand, July 1, 2020
- A Nation on the Brink, June 15, 2020
- Federal Court Slams Michigan Jail for Bungling COVID-19 Pandemic, Demands Names of Vulnerable Prisoners for Release, June 1, 2020
- Silence: The Bureau of Prisons’ Pathetic Response to the COVID-19 Pandemic, June 1, 2020
- New York Judge Orders Release of 18 Rikers Island Detainees Due to COVID-19 Risk, June 1, 2020
- Coronavirus: A Nationwide Survey of the Push for Early Release as Pandemic Fears Grow, May 1, 2020
- California Three-Judge Court Denies Emergency Motion to Reduce Prison Population During Pandemic, May 1, 2020
More from these topics:
- Legal Gaffe Prolongs Case of Former St. Louis Detainee Held Eight Months After Dismissal of Charges, Feb. 15, 2025. Overdetention, Search and Seizure, Pending Appeal/Sentencing, Dismissal.
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
- Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case, Feb. 1, 2025. junk science, Habeas Corpus, Forensic Sciences, Child Abuse/Abusers, Evidence - Admissibility.
- Fifth Circuit Leaves Louisiana Prisoner Waiting for Reinstated Parole, Jan. 15, 2025. Parole, Overdetention, Victim's Rights to Enforce Collection.
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025. Settlements, Habeas Corpus, Mail Regulations, Legal Mail.
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Constitutional Challenges/Law.
- Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits, Dec. 15, 2024. Habeas Corpus, Dismissal, Authority and Jurisdiction.
- Kentucky’s Failure to Timely Release Prisoners Costs Taxpayers $30 Million (So Far), Dec. 15, 2024. Cost of Prison Systems, Overdetention, Post-release, ex-offender, re-entry.
- New York Court of Appeals (Lightly) Slaps State Prison Officials for Holding Sex Offenders Past Release, Dec. 15, 2024. Jail Misconduct, Overdetention, Post-release, ex-offender, re-entry.
- Fifth Circuit Judges Battle in Louisiana Over-Detention Cases, Dec. 15, 2024. U.S. Sentencing Guidelines, Overdetention, Credits.