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First Circuit Orders Resentencing Where Trial Counsel Failed to Secure Three-Level Reduction Under Sentencing Guidelines
Loaded on Dec. 4, 2018
by David Reutter
published in Criminal Legal News
December, 2018, page 30
Filed under:
U.S. Sentencing Guidelines.
Location:
Puerto Rico.
by David Reutter
The U.S. Court of Appeals for the First Circuit ruled a defendant was entitled to be resentenced where trial counsel failed to secure a three-level reduction under the federal sentencing guidelines for acceptance of responsibility.
Following a December 17, 2015, search by federal agents of a home ...
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More from this issue:
- Dallas County Private Bail Hearings Leave People Languishing Behind Bars, by Kevin Bliss
- New App Makes It Simple for Civilians to Record Police Encounters
- Sex Offender Registration Biased Against Blacks, by Kevin Bliss
- Arizona Supreme Court Strikes Law Categorically Banning Bail for Sexual Assault as Unconstitutional, by Dale Chappell
- $384 Million Paid Out by New York City in Last Five Years for Police Misconduct, by Derek Gilna
- ACLU Report: A Tale of Two NYCs When It Comes to Policing, by Derek Gilna
- Fourth Circuit Affirms District Court Ruling that Man Committed as ‘Sexually Dangerous’ Should be Released, by Christopher Zoukis
- Increase in Crime Registries Nationwide Not a Benefit to Society, by Kevin Bliss
- Ninth Circuit Grants Habeas for Appellate Lawyer’s Failure to Raise Denial of Self-Representation Claim, by Matthew Clarke
- Tenth Circuit Grants Habeas Relief When ACCA Predicate Offense No Longer Qualifies as ‘Violent Felony’, by Christopher Zoukis
- Chicago Judge Grants No-Money Bond in Murder Case, But Cook County Still Has a Long Way to Go, by Dale Chappell
- FBI Admits Vastly Inflating Number of Unsearchable Mobile Devices
- Oklahoma’s Railroading its Citizens into Prison, by Edward Lyon
- Second Circuit Announces Prisoners Have First Amendment Right Not to Snitch or Provide False Information to Prison Officials, by Richard Resch
- Under Fire, Long Beach Police Suspend Use of Self-Deleting Message App, by Betty Nelander
- Michigan Supreme Court Announces New Rule for Appointing Expert Witness for Indigent Defendants, No Longer Left to Trial Judge’s Discretion, by Dale Chappell
- Oregon Enhanced Drug Penalty ‘For Consideration’ Element Requires Proof of Drug Sale or Agreement to Sell, by Mark Wilson
- Orlando Police Continue to Test Amazon’s Facial Recognition Software Despite Privacy Concerns
- Pennsylvania State Senator Sends the Cops to Collect on Overdue Trash Bills Owed to His Company, by Christopher Zoukis
- Colorado Supreme Court Holds Ameliorative Amendments Apply Retroactively to Non-Final Convictions, by Dale Chappell
- First Circuit Orders Resentencing Where Trial Counsel Failed to Secure Three-Level Reduction Under Sentencing Guidelines, by David Reutter
- Federal Death Penalty Prosecutors Accuse One Another of Destroying Evidence and Other Misconduct in Discrimination Lawsuit, by Shawn Musgrave, Brooke Williams
- Ninth Circuit Rules Detective’s Persistent Questioning After Invocation of Right to Counsel Entitles California Prisoner to Habeas Relief, by Richard Resch
- Texas Court of Criminal Appeals Reverses Conviction for Improper Lesser-Included-Offense Determination, by Christopher Zoukis
- Washington Supreme Court Announces State’s Death Penalty Is Unconstitutional, by Richard Resch
- Snarky Facebook Post Not True Threat; Officers Denied Qualified Immunity, by David Reutter
- Sixth Circuit Grants Habeas Relief When Juror Failed to Disclose History of Sexual Abuse in Sexual Assault Case, by Christopher Zoukis
- New York Court of Appeals: Excited Utterance Must Be Based on Personal Observation to Be Admissible as Exception to Hearsay Rule, by Dale Chappell
- Three Reasons Why the Supreme Court Should Eliminate the Doctrine of Qualified Immunity, by Christopher Zoukis
- Seventh Circuit: Habeas Petition Challenging § 841 Recidivism Sentence Enhanced with Vacated State Convictions is Not Time-Barred by § 851(e) Statute of Limitations, by Christopher Zoukis
- California Court of Appeal Rules 17-Year Delay in SVP Trial Violated Right to Speedy Trial, by Kevin Bliss
- Warning: Integrity of Judicial Process at Risk, by Sandy Rozek
- Kentucky Supreme Court Declares Law Defining Intellectual Disability Unconstitutional, Overturns Death Sentence, by Dale Chappell
- Is Blue Privilege at Work in Texas Police Killings?, by Betty Nelander
- Pennsylvania Supreme Court Holds FTA Does Not Affect Independent Speedy Trial Violation by Prosecutor, by Dale Chappell
- Habeas Hints: Evaluating and Initiating IAC Claims, by Kent Russell, Tara Hoveland
- Should the Minimum Age for the Death Penalty be Bumped Up to 21?
- Colorado Supreme Court Announces ‘Preponderance of the Evidence’ Standard for Determining Voluntariness of Consent to Search, by Dale Chappell
- Free at Last! California Modifies Its Felony Murder Law, Helping up to 800 Prisoners Currently Serving Life Sentences, by Edward Lyon
- Arkansas Supreme Court Reverses Negligent Homicide Conviction Where Evidence Obtained Via Warrantless Blood Draw Used, by Christopher Zoukis
- News in Brief
- Eyewitness (Mis)Identification in the Criminal Justice System: Powerful, Persuasive, and Problematic, by Christopher Zoukis
More from David Reutter:
- Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant, Oct. 1, 2024
- Turn Key Health Clinics: Another Private Jail Medical Provider Leaving a Trail of Death and Misery, Sept. 15, 2024
- Competency Evaluation Ordered for Condemned Utah Prisoner, Sept. 15, 2024
- Missouri Prisoner’s Excessive Force Claim Proceeds Against Guards After Court Excuses Missed Deadlines Under “Unavailable” Grievance Procedure, Sept. 15, 2024
- $1.1 Million Settlement for Colorado Prisoner Stabbed by Gang Members For Testifying About Prison Murder, Sept. 15, 2024
- Second Circuit: New York Prisoner’s Prior Cases Not PLRA Strikes, Sept. 15, 2024
- $700,000 Settlement in BOP Prisoner’s Death After Court Refuses to Extend Bivens, Sept. 15, 2024
- Watchdog Faults BOP for Averaging 43 Prisoner Deaths a Year—More Than 23 by Suicide, Sept. 15, 2024
- Mom of Murdered California Prisoner Defeats Motion to Dismiss Lawsuit by Guard Who Posted Pics of Corpse Online, Sept. 15, 2024
- Tenth Circuit Affirms Former Oklahoma Jail Captain’s 46-Month Sentence For Brutalizing Detainees, Sept. 15, 2024
More from these topics:
- Third Circuit District Court Erred by Failing to Consider Mitigating Evidence Under § 3553(a) Because It Mistakenly Believed Such Grounds Already Taken Into Consideration Based on Safety-Valve, Minor Role, and Acceptance of Responsibility Departures in, Oct. 1, 2024. U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Sentences - Adjustments and Departures, Disclosure Obligations.
- Florida Prisoner Whose Case Ended LWOP for Juveniles Released, Sept. 15, 2024. U.S. Sentencing Guidelines, Juvenile Offenses/Offenders, Sentences - Length/Severity of.
- California Supreme Court Refuses Challenge to LWOP Sentence Imposed for Crime Committed After Age 18, Sept. 15, 2024. U.S. Sentencing Guidelines, Life without Parole (LWOP), Constitutional Challenges/Law.
- First Circuit Holds Government Breached Plea Agreement With Defendant by Failing to Explain Why It Agreed to Substantial Downward-Variant Sentence, Sept. 1, 2024. U.S. Sentencing Guidelines, Sentencing Goals/Purposes/Practices, Plea Agreements/Guilty Pleas.
- First Circuit: District Court’s One-Sentence Explanation for 10-Year Upward Departure From Sentencing Guidelines Range Insufficient to Justify Significant Variance, Aug. 1, 2024. U.S. Sentencing Guidelines, Sentences - Adjustments and Departures.
- SCOTUS: Jury, Not Judge, Must Determine Whether Defendant’s Prior Offenses Were Committed on ‘Occasions Different From One Another’ for Enhanced Sentence Under Armed Career Criminal Act, Aug. 1, 2024. U.S. Sentencing Guidelines, Career Offenders, De Facto Career Offender, Guns - Type of.
- First Circuit: Sentencing May Not Be Based Upon Unreliable Hearsay Testimony, Aug. 1, 2024. U.S. Sentencing Guidelines, Unreliable and Unsubstantiated Assertions, Hearsay Evidence.
- Tenth Circuit Announces Assault Conviction Under 18 U.S.C. § 113(a)(6) Not a Qualifying Predicate ‘Crime of Violence’ for Purposes of USSG § 2K2.1(a)(3), July 15, 2024. U.S. Sentencing Guidelines, Physical Force, Use of, Predicate Acts/Offenses.
- Federal Sentencing Guidelines Place Heavy Burden on Incarcerated Victims of Sexual Assaults, July 1, 2024. Staff-Prisoner Assault, U.S. Sentencing Guidelines, Prison Rape Elimination Act.
- U.S. Sentencing Commission Votes Unanimously to Restrict Use of Acquitted Conduct at Sentencing, June 15, 2024. U.S. Sentencing Guidelines, Acquitted Conduct/Uncharged Crimes/Dismissed Counts, Uncharged Crimes and Acquitted Conduct, Degree of connection to charged crimes.