×
You've used up your 3 free articles for this month. Subscribe today.
First Circuit: Application of Subsequent Guidelines Manual to a Prior, Ungrouped Offense Violates Ex Post Facto Clause
Loaded on Jan. 18, 2020
by Douglas Ankney
published in Criminal Legal News
February, 2020, page 15
Filed under:
Ex Post Facto.
Location:
United States of America.
by Douglas Ankney
The U.S. Court of Appeals for the First Circuit held that a district court violated the Ex Post Facto Clause when it applied the 2016 Guidelines Sentencing Manual to an ungrouped offense committed in 2001. This case of first impression in the First Circuit “concerns the interaction ...
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:
- News in Brief
- Oklahoma: Cocaine Bust Was Really Only Powdered Milk, by Edward Lyon
- Freedom or Restitution for the Wrongfully Convicted, by Jayson Hawkins
- Eighth Circuit: Defendant Who Pleaded Guilty to State Felonies Didn’t Know He Couldn’t Possess Firearms Prior to Sentencing Because He Didn’t Know He Had Been Convicted, by Anthony Accurso
- Sheriff Ackal’s Corruption Continues to Plague Louisiana Parish, by Douglas Ankney
- Court Rulings Condemning Cash Bail Systems Increasing, by Edward Lyon
- In Case of First Impression, Fourth Circuit Holds First Step Act Applies to Those Serving Supervised Release Revocation Sentences, by Dale Chappell
- First Circuit Vacates Conviction Because Sister had Neither Actual nor Apparent Authority to Consent to Search of Brother’s Bags, by Douglas Ankney
- South Carolina Supreme Court Grants New Trial Due to Prosecutor’s Prejudicial Closing Remarks, by Douglas Ankney
- 3d Circuit: Counsel’s Failure to Investigate Drug Properties for Analogous Drug Comparison at Sentencing Constitutes Ineffective Assistance, by Douglas Ankney
- Fourth Circuit Clarifies How to Bring a First Step Act Motion Applying the Fair Sentencing Act, by Dale Chappell
- New York Court of Appeals: Police Officers May be Cross-Examined About Acts of Dishonesty Like Any Other Witness, by Douglas Ankney
- Georgia Supreme Court Clarifies What a Defendant Must ‘Admit’ Before Raising an Affirmative Defense, by Douglas Ankney
- Colorado Supreme Court Reverses Conviction Because Trial Court Failed to Give No-Adverse-Inference Jury Instruction for Choosing Not to Testify, by Douglas Ankney
- Fifth Circuit Holds Davis Retroactive, Conspiracy Cannot Support 924(c) Convictions, by Dale Chappell
- Book Review: The Habeas Citebook: Prosecutorial Misconduct Is an Invaluable Resource for Challenging Prosecutorial Misconduct, by Dale Chappell
- Idaho Supreme Court: Where Police Were Unaware of Probationer’s Fourth Amendment Waiver Until After Unreasonable Search, Waiver Won’t Make Search Reasonable, by Douglas Ankney
- Illinois Supreme Court: Statute Banning All Sex Offenders on Probation From Accessing or Using Social Networking Websites Facially Unconstitutional, by Douglas Ankney
- Second Circuit Affirms District Court’s Decision Setting Aside Guilty Verdict in a Case of Irreconcilably Inconsistent Verdicts, by Douglas Ankney
- Sixth Circuit: Grant of Habeas on Grounds that State Trial Court Violated Defendant’s Right to Present a Complete Defense, by Douglas Ankney
- Oregon Supreme Court: Conviction for Interfering with Police Requires Lawful Order, by Mark Wilson
- Montana Supreme Court Holds Automatic 35% Drug Fine Facially Unconstitutional, by Dale Chappell
- Alaska Police Department Run by Former Convicts, by Kevin Bliss
- Washington Supreme Court Affirms Warrantless Search of CSLI Data but Holds Convictions for Both First-degree Rape and Felony Murder Predicated on Rape Violate Double Jeopardy, by Douglas Ankney
- Hundreds of Dishonest Cops Called as Witnesses, by Jayson Hawkins
- 11th Circuit: General Threat of Harm Inherent in Every Bank Robbery Doesn’t Qualify for ‘Threat-of-Death’ Enhancement, by Douglas Ankney
- Which Makes Us Safer? Residency Restrictions or Enhanced Rehabilitation for Former Sexual Offenders?, by Sandy Rozek
- New York Criminal Record-Sealing Program Revisited, by Edward Lyon
- In Case of First Impression, Pennsylvania Supreme Court Holds Compelling Suspect to Disclose Computer Password Is Testimonial in Nature and Violates Fifth Amendment’s Privilege Against Self Incrimination, by Douglas Ankney
- Thousands of Convictions Questioned; Prisoners Released Show Why Law Enforcement Technology Must Be Tested by Third Parties, by Dale Chappell
- Washington Supreme Court Announces Rules for Trial Courts When Implicit Racial Bias Alleged in Jury Decision, by Douglas Ankney
- To Compute, or Not to Compute: Algorithm-Driven AI in the Criminal Justice System, by Edward Lyon
- Ninth Circuit Holds Evidence from Martinez Hearing Can Be Considered in Granting Habeas Relief, Despite Bar Against Evidentiary Hearings on Facts Not Raised Below, by Dale Chappell
- Indiana Supreme Court Announces Analytical Framework When Determining Whether Punitive In Rem Forfeiture Violates Excessive Fines Clause, by Douglas Ankney
- Hundreds of Cop Shootings Yearly in Arizona, by Edward Lyon
- Federal District Court Grants § 2255 Motion, Finds IAC for Failure to Object to Government’s ‘Misstatement of Law’ During Trial, by Dale Chappell
- California Supreme Court Overturns Its Warrantless Identification Search Precedent, by Dale Chappell
- First Circuit: Application of Subsequent Guidelines Manual to a Prior, Ungrouped Offense Violates Ex Post Facto Clause, by Douglas Ankney
- Nullify Government Tyranny: In 2020, Harness the Power of Your Discontent, by John W. Whitehead
- Oregon Parole Board Must Explain Reason for Extended Parole Postponement Period, by Mark Wilson
- California Supreme Court Holds Confidential Personnel Information of Officers on Internal ‘Brady List’ Can Be Disclosed to Prosecutors, by Dale Chappell
- From the Editor, by Richard Resch
- Why Are Cops Around the World Using This Outlandish Mind-Reading Tool?, by Christian Sheckler, Ken Armstrong
More from Douglas Ankney:
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, Feb. 15, 2025
- Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
- Monterey County Pays $1 Million to Settle Suit Over Detainee Suicide by Toilet Tissue; Wellpath Pays Another Undisclosed Sum, Feb. 15, 2025
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025
- California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025
- Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, Feb. 15, 2025
- Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims, Feb. 1, 2025
- NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem, Jan. 15, 2025
- Fines and Fees Destroy the Impoverished and Perpetuate Mass Incarceration, Jan. 15, 2025
More from these topics:
- Virginia Supreme Court Denies New Sentence Credits to State Prisoner Serving “Mixed” Sentence, May 1, 2024. Ex Post Facto, Good Time, Credits, Multiple Sentences.
- Third Circuit: Retroactive Application of Amended New Jersey Parole Guidelines May Violate Ex Post Facto Clause, March 1, 2022. Ex Post Facto, Probation, Parole & Supervised Release.
- Ohio Supreme Court: Retroactive Application of Sexually Violent Predator Law Violates Ex Post Facto Clause, March 15, 2021. Ex Post Facto, Sexual Abuse/Harrassment/Exploitation.
- Maine Supreme Court: SORNA Ruled Ex Post Facto Punishment for Defendant, Nov. 15, 2020. Ex Post Facto, Sex Offender Registration and Notification Act.
- Ex Post Facto Oregon Parole Postponement Claim Not Cognizable in §2254 Proceeding, July 1, 2020. Parole Board Misconduct, Ex Post Facto.
- 9th Circuit: Sentence Under 18 U.S.C. § 3583(k) Violated Ex Post Facto Clause When Underlying Offense Was Committed in 2005, Nov. 18, 2019. Ex Post Facto.
- New Jersey Supreme Court Holds 2014 Amendment to Megan’s Law Violates Ex Post Facto Clause, Sept. 20, 2018. Sex Offenders (Discrimination), Ex Post Facto.
- Ninth Circuit Rules Weekends in Jail Count as Time ‘In Prison’, July 20, 2018. Release and Reentry, Ex Post Facto, Overdetention.
- S.C. Supreme Court Rules Counsel’s Failure to Recognize Ex Post Facto Issue in Advising Defendant to Accept Plea Deal Constituted IAC, June 16, 2018. Malpractice (Attorneys), Ex Post Facto.
- Changes to California’s Parole Scheme Not Unconstitutional, Dec. 14, 2017. Appeals, Ex Post Facto, Parole, Parole Conditions.