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Fourth Circuit: 9-Year Increase in Guidelines Range Due to Misclassification as Career Offender Warrants § 2241 Petition to Be Heard on Merits When § 2255 Relief Unavailable

Loaded on May 15, 2019 by David Reutter published in Criminal Legal News June, 2019, page 20
Location: United States of America.

by David Reutter

The U.S. Court of Appeals for the Fourth Circuit ruled that where an erroneous career offender designation raises a defendant’s mandatory prison term, the resulting sentence is fundamentally defective. 

The Court further ruled that when a 28 U.S.C. § 2255 petition is inadequate and ineffective to ...

 

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More from this issue:

  1. News in Brief
  2. Using Technology to Erase Old Pot Convictions is the Buzz in Los Angeles, by Douglas Ankney
  3. Criticizing Cops is a Criminal Act in Many States, by Edward Lyon
  4. Illinois Data Collection Law Set to Expire; Collected Data Reveal Police Target Black and Latino Drivers, by Douglas Ankney
  5. The Many Pitfalls Associated With Police Lineups, by Edward Lyon
  6. Tennessee Legislature’s Investigation Finds Inadequate Supervision of Private Probation, by Derek Gilna
  7. If You’re Unlucky or Black, Your Prison Sentence Could Be 63 Percent Longer, by Douglas Ankney
  8. Prosecutors Regret Man’s Wrongful Conviction in 1983 Florida Rape and Murder
  9. New York Court of Appeals: Jury Trial Right Attaches to Deportable Crimes Punishable by Less Than Six Months in Jail, by David Reutter
  10. Ninth Circuit: Habeas Petitioner Need Only Show That IAC Claims Are Substantial to Excuse Procedural Default Under Martinez, by Chad Marks
  11. Pennsylvania Governor Signs Into Law New Bills to Help Convicts, Extends Postconviction Filing Time Limits
  12. Don’t Shoot the Dogs: The Growing Epidemic of Cops Shooting Family Dogs, by John W. Whitehead
  13. Dallas County Judge’s ‘Blank Check’ Warrant Questioned; Case Dismissed, by Dale Chappell
  14. Ninth Circuit: Washington State Accomplice Liability Drug Offenses Not ACCA Predicates, by Mark Wilson
  15. McDNA: The DNA Testing Equivalent to Fast Food, by Edward Lyon
  16. Kansas Supreme Court Overturns Sentence for Vindictiveness, by Anthony Accurso
  17. Eighth Circuit: Misprision of Felony Conviction of Participant in Underlying Felony Violates Fifth Amendment, by Douglas Ankney
  18. DEA Used Decades of Warrantless Phone Data in Building Parallel Construction Cases, by Steve Horn
  19. Sixth Circuit Holds IAC When Counsel Fails to Warn of Possibility of Deportation as Result of Plea Bargain, by Dale Chappell
  20. Oregon Supreme Court: State Prohibited From Introducing Breath Test Refusal as Evidence of DUI, by Mark Wilson
  21. Intoxicated Driving Convictions for Non-Drinking Drivers, by Edward Lyon
  22. Appointed Defense Lawyers, Public Defenders: Overworked, Underpaid, Ineffective, by Edward Lyon
  23. Supreme Court of Delaware: Lawyer’s Mere Presence the Day of Trial Violates Sixth Amendment Under Cronic Standard, by Chad Marks
  24. Sixth Circuit Rejects Kentucky Supreme Court’s Ruling That Defendant-Lawyers Are Never Without Counsel and Not Entitled to Faretta Hearing, by Dale Chappell
  25. NJ Supreme Court: Failure to Advise Suspect of Pending Charges Before Waiver of Right Against Self-Incrimination Requires Suppression of Statements, by Douglas Ankney
  26. First Circuit Vacates Revocation Sentence for Improperly Considering Rehabilitation, by Anthony Accurso
  27. Eighth Circuit Vacates Supervised Release Conditions Prohibiting Alcohol Consumption and Setting Curfew Not Contained in Plea Agreement, by Matthew Clarke
  28. Knowing Sexual Offense Facts Important; Paying Attention to Them Critical, by Sandy Rozek
  29. Second Circuit Rules 68-Month Delay Violates Speedy Trial Clause, by Douglas Ankney
  30. 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
  31. When Prosecuting Crimes by Police, Feds Appear to Move Slowly, by Edward Lyon
  32. Unreasonable Delay in Obtaining Search Warrant after Lawful Seizure Requires Suppression of Evidence, Announces Georgia Supreme Court, by Douglas Ankney
  33. Fourth Circuit: 9-Year Increase in Guidelines Range Due to Misclassification as Career Offender Warrants § 2241 Petition to Be Heard on Merits When § 2255 Relief Unavailable, by David Reutter
  34. Georgia Supreme Court Says Visually Impaired Defendant Entitled to Appointment of a Reader, by Douglas Ankney
  35. The Holloway Doctrine and First Step Act: Federal Judge Issues Order Urging Government to Dismiss One of Two 18 U.S.C. §924(c) Stacking Convictions, by Chad Marks
  36. Portion of Illinois Sex Offender Law is Unconstitutional, by Douglas Ankney
  37. Third Circuit: Reason for Continuance Must be Given to Exclude Delay from 70-Day Limit of Speedy Trial Act or Dismissal of Indictment, by Douglas Ankney
  38. First Circuit: FBI’s Ruse Claiming National Emergency to Obtain Consent to Search Held Unlawful, by Douglas Ankney
  39. Illinois Supreme Court: Warrantless Dog Sniff of Apartment Front Door in Locked Building Violates Fourth Amendment, by David Reutter
  40. Fourth Circuit Rules District Court Must Provide Individualized Rationale When Denying Motion for Sentence Reduction, by Douglas Ankney
  41. Suspected Mishandling of DNA Tests Puts Cases on Hold in Fort Worth, Texas, by Michael Berk
  42. Misconduct by prosecutors is rampant — how do we deter it?, by Mike Fawer
  43. Nebraska’s Beatrice Six Will Collect $28.1 Million Jury Award, by Edward Lyon
  44. Connecticut Supreme Court Rejects Davis and Announces State Constitution Requires Police to Clarify Ambiguous Request for Counsel Before Continuing Interrogation, by Douglas Ankney
  45. Habeas Hints: Discovery on Habeas Corpus, by Tara Hoveland, Kent Russell
  46. Flipping the Bird, Even Toward a Cop, Is a Constitutionally Protected Right, by Douglas Ankney
  47. Prosecutors Dropping Child Porn Charges After Software Tools Are Questioned, by Jack Gillum

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