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Fifth Circuit Holds Special Conditions in PSR Appendix but Not Orally Pronounced by District Court Must Be Removed From Sentence Where Conflict With Written Judgment

Loaded on Feb. 14, 2019 by David Reutter published in Criminal Legal News March, 2019, page 23
Filed under: Appeals, Sentencing. Location: United States of America.

by David Reutter

The Fifth Circuit Court of Appeals held that where a defendant did not have an opportunity to object to special sentencing conditions because they were not announced at sentencing, it conducts an abuse of discretion review and any “unpronounced” special conditions must be stricken from the ...

 

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  1. Jurors Showing More and More Savvy Toward Trial Evidence, by Edward Lyon
  2. News in Brief
  3. Minnesota Sees Rising Tide of Payouts for Epidemic of Police Misconduct, by Derek Gilna
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  6. $175,000 Settlement to Public Protester with Profanity-laced Sign Tased by Police Officer
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  9. Algorithm-dictated Freedom? Vet California’s New Pretrial Risk Assessment Tool, by Virginia Griese
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  12. Facebook Tells Law Enforcement to Quit Using Phony Accounts, by Dale Chappell
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  19. Hawaii Supreme Court Finally Complies with SCOTUS’ Apprendi Decision, Vacates Enhanced Sentence Based on Fact Determined by Judge, Not Jury, by Christopher Zoukis
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  21. Sixth Circuit Vacates a Witness Tampering Conviction, Principally on the Ground that the District Court Erroneously Instructed the Jury on the Intent Element of Witness Tampering, by Punch & Jurists
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