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D.C. Circuit Holds Attempted Drug Offenses Do Not Count Toward Career Criminal Designation
by Matt Clarke
The U.S. Court of Appeals for the D.C. Circuit held that prior convictions for attempted distribution of, and attempted possession with intent to distribute drugs, could not be used to render a criminal defendant a career offender under § 4Bl.l(a) of the U.S. Sentencing Guidelines. The Court ...
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More from this issue:
- News in Brief
- Florida Deputy Falsifies Drug Field-Test Results, Freeing 11 From Jail, by Edward Lyon
- Police Not Required to Protect; Are They Required to Serve?, by Matthew Clarke
- Delaware Supreme Court: ‘The Sixth Amendment Demands More Than the Presence the Morning of Trial of a Warm Body With a Law Degree’, by Douglas Ankney
- Deadly Force Mindset as Justifiable Defense Questioned, by Kevin Bliss
- L.A. County Wipes Out Almost $90 Million in Debt for Juvenile Detention Fees, by Dale Chappell
- Federal Judge Rules Massachusetts Law Banning Secretly Recording Police in Public Is Unconstitutional, by Dale Chappell
- Fourth Circuit Holds 18 U.S.C. § 924(c)(3)(B) is Unconstitutional, by Douglas Ankney
- In Washington State, a Man’s Home Is No Longer His Castle, by Edward Lyon
- New Jersey Board Finds Suspending Drivers’ Licenses Because of Failure to Pay Court Fines Doesn’t Work, by Dale Chappell
- Fourth Circuit: District Court Must Provide Rationale When Denying Motion for § 3582(c)(2) Sentence Reduction, by Douglas Ankney
- D.C. Circuit Holds Attempted Drug Offenses Do Not Count Toward Career Criminal Designation, by Matthew Clarke
- Pennsylvania Supreme Court Rules as a Matter of 1st Impression That Mother’s Use of Opioids During Pregnancy Not Child Abuse, by Chad Marks
- Fourth Circuit: Unreasonable Post-Seizure Delay in Obtaining Warrant Requires Suppression of Evidence, by Douglas Ankney
- California Supreme Court Rules That Defense Counsel Can’t Agree to Stipulation That’s Tantamount to Guilty Plea Without Voluntary and Intelligent Waiver by Defendant, by Derek Gilna
- Creation of Prosecutorial Watchdog in New York Spotlights Distinction Between Misconduct and Unfair Conduct, by Michael Berk
- Georgia Supreme Court Announces Statute Mandating Lifetime GPS Monitoring of ‘Sexually Dangerous Predator’ Even After Completion of Sentence Is Facially Unconstitutional, by Douglas Ankney
- Fifth Circuit Rules Miscalculation of Guidelines Sentencing Range Plain Error That Merits Correction Even Though Not Raised by Defendant, by Chad Marks
- Prosecutors Have the Power to Stop Bad Roadside Drug Tests From Ruining People’s Lives, by Sagiv Galai
- Former New Jersey Police Chief Faces Rare Federal Hate Crime Charges
- Cops Seize Almost $150,000 from Black Musician for Not Using His Turn Signal, by Dale Chappell
- Ninth Circuit Vacates a Sentence Imposed for Violation of Supervised Release Because the District Court Failed to Disclose to the Defendant the Probation Officer’s Confidential Sentencing Recommendations
- Fourth Circuit: South Carolina Conviction for Assaulting, Wounding, or Beating Officer While Resisting Arrest Is Not Predicate Violent Felony Conviction Under ACCA, by Douglas Ankney
- Legal Aid Society Counters NYC Police Misconduct With New Database
- Florida Cop Found Guilty of Killing Stranded Driver, a First in 30 Years in State
- Second Circuit: Government’s Misleading Disclosure Warrants New Trial, by Douglas Ankney
- Facial Recognition Gives Police Easier Access to Cellphones, by Dale Chappell
- Why Brady Lists Still Don’t Work, by Douglas Ankney
- Abolishing the Death Penalty Leads to Decline in Murders, by Douglas Ankney
- Fourth Circuit Reverses Dismissal of Habeas and Remands for Hearing on Actual Innocence Claim, by Douglas Ankney
- Federal Judge Denies Qualified Immunity for Cops Who Detained Motorist for Giving Them the Finger, by Dale Chappell
- Seventh Circuit: Failure to Disclose that Star Witness Was Hypnotized is 'Brady' Violation, by Douglas Ankney
- Georgia Supreme Court: Statutes Permitting a Defendant’s Refusal to Submit to Breath Tests to Be Admitted into Evidence Are Unconstitutional, by Douglas Ankney
- Pennsylvania Supreme Court Retroactively Applies Birchfield, Holding that Enhanced Criminal Penalties for Refusing Warrantless Blood Tests are Unconstitutional, by Douglas Ankney
- First Circuit: Failure to Prove a Prior Conviction Was a ‘Controlled Substance Offense’ Under the Guidelines Requires Resentencing, by Douglas Ankney
- Fourth Circuit Announces Reasonably Foreseeable Acts of Co-Conspirators Not Sufficient for Fleeing Sentence Enhancement Under U.S.S.G. § 3C1.2, by David Reutter
- California Supreme Court: Competence Hearing Required When Formerly Incompetent Defendant Quits Taking Psychotropic Medication and Exhibits Signs of Incompetence, by David Reutter
- SCOTUS: Presumption of Prejudice Recognized in Flores-Ortega Applies Regardless of Defendant’s Appeal Waiver, by Douglas Ankney
- California Governor Announces Moratorium on Capital Punishment, by Bill Barton
- Arrests Do Not Necessarily Represent Solved Crimes, by Edward Lyon
- Expert Report Urges Changes to Forensic Analysis in Courtrooms, by Dale Chappell
- Misconduct in the Forensic Science Community Reveals Urgent Need for Greater Oversight, by Kevin Bliss
- Q&A: Ineffective Assistance of Counsel: Which Errors Are Worth Pursuing?, by Dale Chappell, Brandon Sample
- Texas Misuses Privacy Law to Withhold In-Custody Death Information, by Edward Lyon
- Plea Bargaining: Prosecutors Leave Trail of Injustice When Playing Hardball with Defendants, by David Reutter
More from Matthew Clarke:
- Report Finds Bad Forensic Evidence Leads to More Wrongful Convictions and Establishes Forensic Errors Typology, May 15, 2024
- Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character, April 15, 2024
- Condemned Texas Prisoner Ruled Too Mentally Ill to Execute, April 1, 2024
- $9,000 Settlement in Wisconsin Prisoner’s Heat-Related Illness Suit, April 1, 2024
- Oklahoma Jail Withholds Death Records, Fails to Report Five Since 2018, April 1, 2024
- North Carolina Court of Appeals Reinstates Parolee’s Parental Rights, Says Parole Conditions Barred Him from Visiting Minor Daughter, April 1, 2024
- Federal Prisoners Released Under First Step Act Show 37% Reduction in Recidivism, April 1, 2024
- Arizona Supreme Court Reverses Summary Judgment for Corizon Health in State Prisoner’s Death from Untreated Diabetes, April 1, 2024
- Nebraska Supreme Court Announces Probation Search Unlawful When Conducted After Original Term Expired and Before Hearing on Extending Term, March 15, 2024
- California Court of Appeal Reverses Denial of Full Resentencing Under SB 483, March 15, 2024
More from these topics:
- Kentucky Supreme Court Clarifies When Lesser-Included Offense Instruction Must Be Provided, Reverses Convictions Based on Trial Court’s Failure to Properly Instruct Jury, Dec. 15, 2023. Jury Instructions, Criminal Procedure, Fair Trial, Verdicts.
- Wife of “El Chapo” Released from U.S. Prison, Son Extradited, Dec. 1, 2023. War on Drugs.
- Prison Walls No Barrier to America’s Deadly Opioid Crisis, Nov. 15, 2023. War on Drugs, Drug Treatment/Rehab.
- Five Years After Limiting Personal Visits and Banning Mail, Drug Use Worse in Pennsylvania Prisons, Sept. 15, 2023. War on Drugs, Mail Regulations, Visiting.
- Roadside Drug Tests: Failed Technology From the Failed War on Drugs, Aug. 1, 2023. Drug Testing, War on Drugs.
- Ninth Circuit: Government’s Inflammatory Arguments in Sentencing Memorandum and at Sentencing Hearing Implicitly Breached Plea Agreement Promise Not to Recommend Sentence in Excess of Low-End Guidelines Range, June 15, 2023. War on Drugs, U.S. Sentencing Guidelines, Remands/Rehearings/Resentencings, Validity of.
- Maryland Cops Stop People Based on Smell of Pot Despite Being Legal in State, Lawmakers Pass Bill to End Abusive Practice, May 25, 2023. War on Drugs, Marijuana Laws/Issues, Profiling Evidence.
- Four Charged with Using Drones to Smuggle Drugs into California Prisons, May 9, 2023. Cell Searches, War on Drugs.
- Despite Official Claims, Stopping Mail to Missouri Prisoners Has No Effect on Drug Overdoses, April 1, 2023. Drug Overdose, War on Drugs, Mail Regulations, Sting Operations.
- Another Chapter in Cops’ False Narrative That Mere Contact With Fentanyl Is Deadly – Cleveland Police K-9 Given NARCAN After Fentanyl Exposure, March 30, 2023. War on Drugs, Safety Threat to Police.