×
You've used up your 3 free articles for this month. Subscribe today.
Seventh Circuit Reverses Convictions Under 18 U.S.C. § 924(c); Holds Underlying Offenses Do Not Qualify as ‘Crimes of Violence’
Loaded on Oct. 14, 2019
by Matthew Clarke
published in Criminal Legal News
November, 2019, page 14
Filed under:
Appeals.
Location:
United States of America.
by Matt Clarke
The U.S. Court of Appeals for the Seventh Circuit reversed the convictions of two federal prisoners who had been found guilty of using and discharging firearms during a crime of violence in violation of 18 U.S.C. § 924(c). In doing so, the Court held that the ...
Full article and associated cases available to subscribers.
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Forensic Science: Reliable and Valid?, by Jayson Hawkins
- ‘Changes Are a Comin’, by Anthony Accurso
- Kansas Supreme Court: Expired License Plate Doesn’t Attenuate Evidence from Illegal Seizure, by Douglas Ankney
- Defendant’s Flight From Police’s Illegal Frisk Doesn’t Render Improperly Obtained Evidence Admissible in Maryland, by Anthony Accurso
- Costly Electronic Monitoring Programs Replacing Ineffective Jail Bond Systems, by Kevin Bliss
- Ninth Circuit Clarifies When Warrantless Searches of Cellphones at Border Are Reasonable, by Douglas Ankney
- Faulty Science Still Admissible Evidence in Many States, by Kevin Bliss
- Big Brother, Big Business, Big Law Enforcement, by Edward Lyon
- Third Circuit Announces New Rule for Amending § 2255 Motions on Appeal, by Dale Chappell
- Alabama OKs Chemical Castration for Some Sex Offenders, by Dale Chappell
- California Court of Appeal Announces Defendant Convicted of Felony Accessory Is Eligible for Resentencing Under Proposition 64, by Douglas Ankney
- Connecticut Supreme Court: When Expert’s Testimony Asserts Truth of DNA Profile Prepared by a Different Non-Testifying Expert, Confrontation Clause Is Violated, by Douglas Ankney
- Ex-Felons’ Rights Expanding to Include Jury Duty, by Edward Lyon
- Hundreds of Missouri Prisoners May Be Released Under New Sentencing Reform Law, by Dale Chappell
- U.S. District Court Grants Savings Clause Petition, Vacates Mandatory Life Sentence, by Dale Chappell
- Tenth Circuit: District Court Abused Discretion in Denying § 2255 Petition Without Hearing Where Record Didn’t Conclusively Show Defendant Not Entitled to Relief, by Douglas Ankney
- Ninth Circuit: Drug Quantity in PSR Adopted by Sentencing Court not Binding in § 3582(c)(2) Sentence Reduction Proceedings, by Michael Berk
- 10th Circuit: District Court Must Ensure When Defendant Waives Right to Counsel He Understands He’s Required to Adhere to Federal Procedural and Evidentiary Rules, by Douglas Ankney
- Is Data Mining an Invasion of Privacy?, by Kevin Bliss
- Ninth Circuit Rules IAC for Failure to Investigate Mitigating Evidence During Penalty Phase of Capital Trial, by Anthony Accurso
- Fifth Circuit Vacates § 924 Convictions Based on Davis, by Anthony Accurso
- Safe Interactions Between Police and Citizens, by Edward Lyon
- Fifth Circuit Reiterates Diligence Under AEDPA Requires Consideration of Actions Both Before and After Filing of Habeas Petition, by Dale Chappell
- 9th Circuit Says Inadvertently Placing Closed Folding Knife on Teller Counter Not Armed Bank Robbery, by Anthony Accurso
- Oregon Supreme Court Reaffirms ‘Independent Evidence Rule’ for Accomplice Testimony, by Mark Wilson
- Groundbreaking Connecticut Law Tracks Information on Jailhouse Snitches
- Fifth Circuit: First Step Act Doesn’t Permit Plenary Resentencing in Retroactive Application of the Fair Sentencing Act, by Douglas Ankney
- California Court of Appeal Explains Procedures to Determine Appropriate Relief When Conviction Is Vacated Based on People v. Chiu and Senate Bill 1437, by Douglas Ankney
- Connecticut Supreme Court Rules 5 Days Past Due on Rent While Incarcerated Does Not Deprive Defendant of Expectation of Privacy in Home, by Anthony Accurso
- New Hampshire Ends Death Penalty, by Jayson Hawkins
- Fourth Circuit Grants Habeas Relief to Pre-Trial State Prisoner on Double Jeopardy Grounds, by Dale Chappell
- Tennessee Supreme Court Abandons Doctrine of Abatement Ab Initio, by David Reutter
- New Jersey Supreme Court Announces New Test to Determine When State May Obtain Second DNA Sample After Unlawfully Obtained First Sample, by Douglas Ankney
- Fourth Circuit Reviews for Plain Error and Vacates Brandishing a Firearm Conviction Obtained Under 18 U.S.C. § 924(C)(3), by Douglas Ankney
- Fifth Circuit: Practices of Orleans Parish Judges in Collecting Fines and Fees Violates Due Process, by Douglas Ankney
- Tens of Thousands of Sentencing Decisions Are Hidden Within PACER, Hindering Access by Lawyers and Defendants, by Dale Chappell
- Pennsylvania Supreme Court: Probationer Must Violate Specific Condition of Probation or Commit New Crime to Be Found in Violation, by Douglas Ankney
- Seventh Circuit Reverses Convictions Under 18 U.S.C. § 924(c); Holds Underlying Offenses Do Not Qualify as ‘Crimes of Violence’, by Matthew Clarke
- Businesses Are Focusing More and More on Aiding Offenders Reentering Society, by Kevin Bliss
- Qualified Immunity: Explained, by Emily Clark, Amir H. Ali
- The Mass Incarceration Epidemic Viewed Through a Young Daughter’s Eyes, by Hayley Schulman
- Prosecutors Working to Clear Wrongful Convictions With Mixed Results, by Bill Barton
More from Matthew Clarke:
- DOJ Finds “Horrific and Inhumane” Conditions in Georgia Prisons, March 1, 2025
- Sixth Circuit Upholds $6.4 Million Jury Award Against Corizon Nurses For Michigan Jail Prisoner’s Fatal Alcohol Withdrawal, March 1, 2025
- En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment, March 1, 2025
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025
- Legal Gaffe Prolongs Case of Former St. Louis Detainee Held Eight Months After Dismissal of Charges, Feb. 15, 2025
- Among World Nations, Individual U.S. States Near Top of List for Per Capita Incarceration, Feb. 15, 2025
- DOJ Settles Complaints About Conditions for Disabled Detroit Jail Detainees, Feb. 15, 2025
- New York Prison Officials Found Routinely Violating HALT Act With Overuse of Solitary Confinement, Feb. 15, 2025
- Historic $7 Million Settlement in Lawsuit Over Michigan Jail Prisoner’s Fatal Beating, Feb. 15, 2025
- Suits Filed Over Dehydration Deaths at Two Texas Jails, Jan. 15, 2025
More from these topics:
- Fourth Circuit Rejects Appeal of $700,000 Award to Maryland Prisoner Assaulted by Guards, May 1, 2023. Guard Brutality/Beatings, Settlements, Appeals.
- U.S. District Court Chooses Judicial Remedy, Instead of § 2255, to Allow Out-of-Time Appeal, July 15, 2020. Appeals, Ineffective Assistance of Counsel.
- Kansas Supreme Court: Claim of Illegal Sentence Raised for First Time on Appeal Entitled to Merits Review, March 18, 2020. Appeals, Sentencing.
- Ohio Supreme Court Announces State Cannot Raise Fourth Amendment Standing Issue for First Time on Appeal, Feb. 19, 2020. Appeals, Fourth Amendment, rights.
- New York Court of Appeals Reverses Conviction Where Trial Court Negotiated Cooperation Agreement with Codefendant, Feb. 18, 2020. Appeals, Trials.
- Third Circuit: Failure to Make PLRA Findings Moots Appeal, Feb. 4, 2020. PLRA, Appeals.
- Georgia Supreme Court Announces Fundamental Overhaul of Jurisprudence Governing Appeals of Guilty Pleas and Out-of-Time Appeals, Dec. 18, 2019. Appeals.
- Illinois Prisoner Wins Partial Victory on Appeal in Hernia Treatment Suit, Dec. 10, 2019. Hernias, Appeals.
- Florida Victims’ Rights Law Creates Confusion, Limits Time for Appeals, Dec. 9, 2019. Appeals.
- Indiana Supreme Court: Postconviction Petition Addressing Only Issues From New Trial, New Sentencing, or New Appeal From Federal Court via Habeas Proceedings Is Not a Second Petition Under State Law, Nov. 18, 2019. Appeals, Habeas Corpus.