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First Circuit: Sentencing Courts May Consider New Career Offender Guideline Amendment 798, Even Though Not Retroactive

Loaded on March 15, 2019 by Dale Chappell published in Criminal Legal News April, 2019, page 28
Filed under: Appeals, Sentencing, U.S. Sentencing Guidelines. Location: United States of America.

by Dale Chappell

In a case where a defendant was sentenced when the career offender guideline still contained the so-called residual clause, the U.S. Court of Appeals for the First Circuit held that a sentencing court has the discretion to ignore the career offender penalty in light of the ...

 

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More from this issue:

  1. News In Brief
  2. When Prosecuting Crimes by Police, Feds Appear to Move Slowly, by Edward Lyon
  3. Can Criminal Records Ever Truly Be Expunged in the Internet Era?, by Matthew Clarke
  4. Third Circuit: Pennsylvania’s SORNA Requirements Sufficiently Restrictive to Constitute Custody for Habeas Jurisdiction, by Douglas Ankney
  5. Nebraska’s Death Row Prisoners Must Bring ‘Repeal Challenges’ Individually, by Douglas Ankney
  6. San Francisco Embraces New Technology to Clear Pot Convictions
  7. Wisconsin Considers Updating Its Cash Bail System, by Kevin Bliss
  8. Birth Pangs of Bail Reform Come to Texas, by Edward Lyon
  9. Indiana Supreme Court Announces Trial Court Must Resentence on All Underlying Felonies After Gang Enhancement Sentence Reversed on Appeal, by Derek Gilna
  10. $8.4 Million Combined Settlement Reached by ‘Norfolk Four’, by Douglas Ankney
  11. Eleventh Circuit Rules DEA’s Definition of Positional Isomer Does Not Apply to Substances on Temporary Schedule, Vacates Possession Conviction, by Matthew Clarke
  12. Shooting of Seven-Year-Old Girl in Houston Highlights Problems With Eyewitness Identification, by Matthew Clarke
  13. Georgia Supreme Court Announces Defendant May Invoke Rape Shield Statute to Bar State From Offering Evidence of Victim’s Past Sexual Behavior, by Douglas Ankney
  14. Kentucky Supreme Court Holds State Statute Defining Intellectual Disability as IQ of 70 or Lower Unconstitutional, Death Row Prisoner Entitled to Hearing, by Matthew Clarke
  15. Oregon Supreme Court Clarifies PCR ‘Church Motion’ Practice, by Mark Wilson
  16. Death Penalty Usage Trending Downward, Report Reveals, by Betty Nelander
  17. Tennessee Supreme Court: Attempting to Secretly Videotape 
Teen Changing Clothes Does Not Support Conviction for Attempted Production of Child Pornography, by Douglas Ankney
  18. Georgia Supreme Court Holds Statute Authorizing Lifetime GPS Monitoring of ‘Sexually Dangerous Predator’ Is Unconstitutional, by Douglas Ankney
  19. Erie County Convicted 11 People of Violating a Law Ruled Unconstitutional Over 20 Years Ago by Federal Court, by Kevin Bliss
  20. Video Simulators Part of Push to Train Police to Shoot Fewer Dogs, Limit Lawsuits, by Derek Gilna
  21. FBI Reviewing Four Incidents of Excessive Force at Mesa, Arizona, PD in Just Four Months, by Dale Chappell
  22. Law Enforcement and Lobbyists Battle Over Need for Civil Asset Forfeiture Reform, by Kevin Bliss
  23. First Circuit: Sentencing Courts May Consider New Career Offender Guideline Amendment 798, Even Though Not Retroactive, by Dale Chappell
  24. Nevada Supreme Court Clarifies, Narrows Nonhearsay Rule Under NRS 51.135(2), by Dale Chappell
  25. North Dakota Supreme Court Announces Implied Consent Advisory Must be Read After Arrest and Before Administering Test, by Douglas Ankney
  26. Counsel Ineffective for Failing to Move for Mistrial When Court Coerces Unanimous Verdict, by Douglas Ankney
  27. Fourth Circuit Rules 3 Marijuana Stems Discovered in Single Trash Pull Insufficient for Search Warrant, Suppresses Evidence Found in Residence, by David Reutter
  28. Sixth Circuit Rejects Qualified Immunity Claim in Malicious Prosecution Suit for Wrongful Arrest and Conviction Involving Multiple Lies by Police, by Dale Chappell
  29. Seventh Circuit: Claim for Unlawful Pretrial Detention Accrues on Date of Release, by Douglas Ankney
  30. Connecticut Supreme Court Announces Defense Counsel Has Duty to ‘Promptly’ Notify Defendant of Plea Offer, Failure to Notify Before Testifying Constitutes IAC, by Matthew Clarke
  31. In Landmark Civil Asset Forfeiture Case, U.S. Supreme Court Holds Excessive Fines Clause of Eighth Amendment Applicable to States, by Douglas Ankney
  32. Ninth Circuit Holds Juror Who Wouldn’t Unequivocally State She Could Be Impartial Should Have Been Excused; New Trial Ordered Because Biased Juror Can’t Be Harmless Error, by Dale Chappell
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  34. Supreme Court of Alaska Announces Court System Bears Costs of Expert Evaluation When Insanity or Diminished Capacity Raised as Defense, by Chad Marks
  35. Arkansas Supreme Court: Search of Wallet Exceeded Scope of Lawful ‘Terry’ Frisk for Weapons, by Douglas Ankney
  36. California Police Privacy Laws Have Been Violating Brady for Years, by Mark Wilson
  37. New Jersey Supreme Court: Detention of Motel Room Occupants After Reason for Police Visit Resolved Is Unlawful Seizure, Evidence Subject to Exclusionary Rule, by Richard Resch
  38. N.C. Supreme Court: Hiring and Paying a Hit Man Not Overt Act Necessary for Attempted Murder Charge, by Douglas Ankney
  39. NYPD’s Controversial Use of Mugshot Database Searches, by Matthew Clarke
  40. Conversations With Those Helped by Passage of First Step Act: Provides Relief for Some Federal Prisoners, but More Is Needed, by Chad Marks
  41. Appeals court provides new vehicle to challenge registration, by Larry N.
  42. The FBI Says Its Photo Analysis Is Scientific Evidence. Scientists Disagree., by Ryan Gabrielson

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