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First Circuit: Prosecution Under Puerto Rico and Federal Law for Same Drug Offense Constitutes Double Jeopardy
Loaded on Dec. 15, 2020
by Matthew Clarke
published in Criminal Legal News
January, 2021, page 30
Filed under:
U.S. Sentencing Guidelines,
Double jeopardy,
Drug Laws/Offenses.
Location:
Puerto Rico.
by Matt Clarke
The U.S. Court of Appeals for the First Circuit ruled that the Double Jeopardy Clause of the Fifth Amendment requires dismissal of a count in a federal indictment alleging conspiracy to possess with intent to distribute controlled substances in violation of 21 U.S.C. § 846 as it ...
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More from this issue:
- The Infuriating History of Why Police Unions Have So Much Power, by Samantha Michaels
- Wrongly Convicted North Carolina Man Released After 44 Years in Prison, by Douglas Ankney
- Law Review Article: Plea Bargains Lack Transparency, by David Reutter
- Eleventh Circuit Holds RICO Conspiracy Doesn’t Qualify as Crime of Violence for § 924(c) Purposes and Defendant’s 120-Year Sentence Was Procedurally Unreasonable, by Douglas Ankney
- Nevada Supreme Court: Search Invalid Where Police Failed to Properly Inventory Bag, by Anthony Accurso
- Don’t Call the Cops. Especially if Your Loved Ones Are Old, Disabled or Have Special Needs, by John W. Whitehead
- Ninth Circuit Announces Panels of Court of Appeals May Fashion Remedy When District Court Commits Daubert Error, by Douglas Ankney
- Hawai’i Supreme Court: Search Unreasonable Where Officers Knocked and Announced Their Presence Four Times Within 25 Seconds, Then Forced Entry, by Douglas Ankney
- Massachusetts Supreme Judicial Court Announces Use of Pole Cameras for Extended Surveillance of Residence Constitutes Search Under State Law, by Douglas Ankney
- Kentucky Supreme Court: Criminal Defendant Has Right to Independent Counsel During In-Chambers Hearing on Fitness of Defense Counsel, by Matthew Clarke
- Washington Supreme Court: Prosecutor’s War on Drugs Comments Denies Fair Trial, by David Reutter
- Massachusetts Supreme Judicial Court Vacates Guilty Plea Conditioned on Waiving Right to Pursue Claim Racial Bias Infected Jury Deliberations, by David Reutter
- Tenth Circuit: District Court’s Failure to Justify Special Condition Was Plain Error, by Dale Chappell
- Louisiana Supreme Court: Statute Compelling Registered Sex Offenders to Carry ID Emblazoned with ‘SEX OFFENDER’ Unconstitutional, by Douglas Ankney
- Denver 911 Calls Routed to Mental Health Professionals, by Jayson Hawkins
- Ninth Circuit: District Court Abdicated Daubert Gatekeeping Function by Failing to Make Reliability Findings on Expert Witness’ Testimony, by Anthony Accurso
- Arizona Supreme Court: Stipulated Plea Agreement Cannot Bar Review of Illegal Sentence, by David Reutter
- Pennsylvania Supreme Court: No Probable Cause to Search Cellphones Merely Possessed in Proximity to Drugs and Guns, by Dale Chappell
- Ninth Circuit Reiterates Presumption of Innocence Remains Until Conviction, Grants Habeas Relief, by Dale Chappell
- Third Circuit: No Categorical Ban on Reliability of Recantations as New Evidence, by Dale Chappell
- Fifth Circuit: Special Conditions of Supervised Release That Barred Use of Internet, Computers, and Electronic Devices for 10 Years Not Substantively Reasonable, by Douglas Ankney
- First Circuit: Prosecution Under Puerto Rico and Federal Law for Same Drug Offense Constitutes Double Jeopardy, by Matthew Clarke
- Court of Appeals of Maryland Clarifies Issues Involving Plea Agreements and Sentence Modifications Under Justice Reinvestment Act, by David Reutter
- 7th Circuit: Ice Methamphetamine Sentence Enhancement Requires Proof of Purity, by Anthony Accurso
- Illinois Law Firm Offers Web Application to Help Automate Expungement, by Douglas Ankney
- Sixth Circuit: Probation Officer’s Warrantless Search of Probationer’s Cellphone Violated Fourth Amendment, by Douglas Ankney
- New Mexico Supreme Court Clarifies Meaning of Key Terms in Aggravated Fleeing From Law Enforcement Statute, by Anthony Accurso
- New York Court of Appeals Clarifies When Police May Conduct Traffic Stops, by Douglas Ankney
- Sixth Circuit: Savings Clause Available for Retroactive Case of Statutory Interpretation Decided While § 2255 Motion on Appeal, by Dale Chappell
- Ninth Circuit: Asking Single Objectionable Question Insufficient to Justify Termination of Defendant’s Right to Pro Se Representation, by Douglas Ankney
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More from Matthew Clarke:
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- 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:
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- Former South Carolina Jailer Spared Prison After Testimony Fails to Convict Former Sheriff, Feb. 15, 2025. Guard Brutality/Beatings, U.S. Sentencing Guidelines, Sentences - Adjustments and Departures, Offense of Conviction.
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- Seventh Circuit Announces Maximum Revocation Sentence for Violation of Supervised Release Based on Classification of Underlying Offense at Time of Conviction, Not at Time of Revocation, Dec. 15, 2024. U.S. Sentencing Guidelines, Revocation Proceedings.
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