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First Circuit Vacates Revocation Sentence for Improperly Considering Rehabilitation
Loaded on May 15, 2019
by Anthony Accurso
published in Criminal Legal News
June, 2019, page 26
Filed under:
Rehabilitation/Recidivism,
Sentencing.
Locations:
Puerto Rico,
United States of America.
by Anthony Accurso
The U.S. Court of Appeals for the First Circuit vacated and remanded the revocation sentence of Adrián Vázquez-Méndez because the sentencing judge likely extended the sentence for the purposes of rehabilitation.
In 2001, Vázquez-Méndez pleaded guilty in a federal district court in Puerto Rico to one ...
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More from this issue:
- News in Brief
- Using Technology to Erase Old Pot Convictions is the Buzz in Los Angeles, by Douglas Ankney
- Criticizing Cops is a Criminal Act in Many States, by Edward Lyon
- Illinois Data Collection Law Set to Expire; Collected Data Reveal Police Target Black and Latino Drivers, by Douglas Ankney
- The Many Pitfalls Associated With Police Lineups, by Edward Lyon
- Tennessee Legislature’s Investigation Finds Inadequate Supervision of Private Probation, by Derek Gilna
- If You’re Unlucky or Black, Your Prison Sentence Could Be 63 Percent Longer, by Douglas Ankney
- Prosecutors Regret Man’s Wrongful Conviction in 1983 Florida Rape and Murder
- New York Court of Appeals: Jury Trial Right Attaches to Deportable Crimes Punishable by Less Than Six Months in Jail, by David Reutter
- Ninth Circuit: Habeas Petitioner Need Only Show That IAC Claims Are Substantial to Excuse Procedural Default Under Martinez, by Chad Marks
- Pennsylvania Governor Signs Into Law New Bills to Help Convicts, Extends Postconviction Filing Time Limits
- Don’t Shoot the Dogs: The Growing Epidemic of Cops Shooting Family Dogs, by John W. Whitehead
- Dallas County Judge’s ‘Blank Check’ Warrant Questioned; Case Dismissed, by Dale Chappell
- Ninth Circuit: Washington State Accomplice Liability Drug Offenses Not ACCA Predicates, by Mark Wilson
- McDNA: The DNA Testing Equivalent to Fast Food, by Edward Lyon
- Kansas Supreme Court Overturns Sentence for Vindictiveness, by Anthony Accurso
- Eighth Circuit: Misprision of Felony Conviction of Participant in Underlying Felony Violates Fifth Amendment, by Douglas Ankney
- DEA Used Decades of Warrantless Phone Data in Building Parallel Construction Cases, by Steve Horn
- Sixth Circuit Holds IAC When Counsel Fails to Warn of Possibility of Deportation as Result of Plea Bargain, by Dale Chappell
- Oregon Supreme Court: State Prohibited From Introducing Breath Test Refusal as Evidence of DUI, by Mark Wilson
- Intoxicated Driving Convictions for Non-Drinking Drivers, by Edward Lyon
- Appointed Defense Lawyers, Public Defenders: Overworked, Underpaid, Ineffective, by Edward Lyon
- Supreme Court of Delaware: Lawyer’s Mere Presence the Day of Trial Violates Sixth Amendment Under Cronic Standard, by Chad Marks
- Sixth Circuit Rejects Kentucky Supreme Court’s Ruling That Defendant-Lawyers Are Never Without Counsel and Not Entitled to Faretta Hearing, by Dale Chappell
- NJ Supreme Court: Failure to Advise Suspect of Pending Charges Before Waiver of Right Against Self-Incrimination Requires Suppression of Statements, by Douglas Ankney
- First Circuit Vacates Revocation Sentence for Improperly Considering Rehabilitation, by Anthony Accurso
- Eighth Circuit Vacates Supervised Release Conditions Prohibiting Alcohol Consumption and Setting Curfew Not Contained in Plea Agreement, by Matthew Clarke
- Knowing Sexual Offense Facts Important; Paying Attention to Them Critical, by Sandy Rozek
- Second Circuit Rules 68-Month Delay Violates Speedy Trial Clause, by Douglas Ankney
- Pennsylvania District Court Explores the Growing Conflict Between Federal Laws, Which Still Prohibit the Use of Any Amounts of Marijuana, and State Laws, Which Increasingly Authorize the Use of Medical Marijuana and Decriminalize the Use of Small Amounts, by Punch & Jurists
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- Habeas Hints: Discovery on Habeas Corpus, by Tara Hoveland, Kent Russell
- Flipping the Bird, Even Toward a Cop, Is a Constitutionally Protected Right, by Douglas Ankney
- Prosecutors Dropping Child Porn Charges After Software Tools Are Questioned, by Jack Gillum
More from Anthony Accurso:
- D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination, Feb. 15, 2025
- $220,000 Settlement After Woman Dies in Ohio Jail From Drug Withdrawal, Feb. 15, 2025
- Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed, Feb. 15, 2025
- First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased, Feb. 15, 2025
- Police Departments Are Now Using AI to Write Reports, Feb. 15, 2025
- Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search, Feb. 1, 2025
- Mass Spectrometry Being Studied as Way to Analyze Overlapping or Weak Fingerprints, Feb. 1, 2025
- 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
- Childhood Trauma Incidence Higher Among Those Incarcerated, Jan. 15, 2025
- Nevada Supreme Court Announces Incorporated Probable Cause Affidavit Cannot Broaden Scope of Warrant’s Description of Places and Persons to be Searched or Items to Be Seized, Dec. 1, 2024
More from these topics:
- Nebraska Pioneers Diversion Program to Help Arrested Veterans Avoid Jail, Jan. 15, 2025. Rehabilitation/Recidivism, Rehabilitation Act, Veterans.
- North Carolina’s Largest City Elects First Ex-Prisoner to Council, July 1, 2024. Elections, Rehabilitation/Recidivism.
- Colorado Program Employs Prisoners as Professors, July 1, 2024. Work, Education, Rehabilitation/Recidivism, Release and Reentry.
- Missouri DOC Models Re-entry Program on Norwegian Prisons, June 1, 2024. Prison Reform, Rehabilitation/Recidivism, Post-release, ex-offender, re-entry.
- Federal Prisoners Released Under First Step Act Show 37% Reduction in Recidivism, April 1, 2024. Crime, Statistics/Trends, Rehabilitation/Recidivism, First Step Act.
- Wisconsin Supreme Court: Jail Time Must Be Credited When Charge Causing Jailing Read in At Sentencing, Jan. 1, 2024. Sentencing, Good Time, Sentences - Corrections or Modifications of, Credits.
- Sixth Circuit: Plain Error Where District Court Required Defendant at Resentencing to Admit Guilt in Order to Fully Consider Defendant’s Evidence of Rehabilitation, Nov. 1, 2023. Rehabilitation/Recidivism, Rehabilitation Factors, Admissiion of Guilt.
- What’s ‘Sufficient’ Rehabilitation for Compassionate Release?, Sept. 1, 2023. Rehabilitation/Recidivism, Compassionate Release.
- Op-Ed: Fix the First Step Act and Let Reformed Prisoners Out From Behind Bars – Time Credits and the Irrebuttable Presumption Doctrine, May 15, 2023. Rehabilitation/Recidivism, First Step Act.
- Beyond Rehabilitation: Personal Achievement and Selfless Service as Grounds for Federal Compassionate Release, May 15, 2023. Rehabilitation/Recidivism, Compassionate Release.