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Seventh Circuit: Prior Conviction Under Overbroad State Drug Statute May Be Used in Career Criminal Enhancement But Not For Prior Drug Crimes Enhancement
by Matt Clarke
On July 20, 2020, the U.S. Court of Appeals for the Seventh Circuit held that a prior state drug conviction under a statute that defined the drug more broadly than the equivalent federal statute could be used to enhance a federal drug crime sentence as a career ...
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More from this issue:
- North Carolina Supreme Court Announces Harbison Applies When Defense Counsel Implies Defendant’s Guilt Without Prior Consent, by Douglas Ankney
- Revocation Nation: Reincarceration for Technical Parole Violations in the Age of COVID-19, by Jean Trounstine
- Federal Habeas Corpus: Time Limits for Filing, by Dale Chappell
- First Circuit Announces Residual Clause of U.S.S.G. § 4B1.2(a)(2) When Applied Pre-Booker Is Unconstitutional Under Johnson, by Douglas Ankney
- Why Coroners Often Blame Police Killings on a Made-Up Medical Condition, by Samantha Michaels
- Cincinnati Police Department Agrees to Audit of Its DNA Database, by Douglas Ankney
- Fourth and Fifth Circuits Reopen Decades-Old Cases for Habeas Relief Due to Brady Violations, by Dale Chappell
- Time to Curb Police Unions, by Bill Barton
- Massachusetts Supreme Court: Brady Requires Disclosure of Exculpatory Material Revealed During Immunized Testimony Before Grand Jury, by Douglas Ankney
- Eighth Circuit Vacates Sentence After District Judge Interfered With Plea Negotiations and Made Disparaging Remarks About Federal Judiciary, by Douglas Ankney
- Mississippi Supreme Court: Cannot Declare Mistrial on All Counts After Jury’s Acquittal on Some Counts, by Anthony Accurso
- California Court of Appeal Reverses Murder Conviction Because Superior Court Erred by Allowing Deceased’s Out-of-Court Statements Into Evidence, by Douglas Ankney
- From the Editors
- New Report Shows More Than Half of Wrongful Convictions Involved Misconduct by Police and Prosecutors, by Dale Chappell
- Seventh Circuit: Prior Conviction Under Overbroad State Drug Statute May Be Used in Career Criminal Enhancement But Not For Prior Drug Crimes Enhancement, by Matthew Clarke
- Hawai’i Supreme Court Announces Admissibility of Third-Party Culpability Evidence Is Same Relevancy Test That’s Applied for Other Evidence, Superseding Rabellizsa, by Douglas Ankney
- Fifth Circuit: Consecutive Sentence for FTA Must Be Part of ‘Total Punishment,’ Not Merely a Stacked Sentence
- Colorado Supreme Court: Felony DUI Conviction Requires ‘Mandatory Sentencing’ Triggering Right to Preliminary Hearing, by Anthony Accurso
- Second Circuit: Nondescript Photo of Unidentified Black Male Insufficient Grounds to Conduct Investigatory Stop, by Anthony Accurso
- Sixth Circuit Vacates First Step Act Resentencing Denial Where Court Failed to Consider Post-Sentencing Conduct, by Anthony Accurso
- Federal Judges Beginning to Reject Geofence Warrants, by Anthony Accurso
- Montana Supreme Court: Renter’s Privacy Not Diminished By Landlord’s Probationary Status, by Anthony Accurso
- Fifth Circuit: Safety Valve Isn’t Up to the Government, by Dale Chappell
- Maine Supreme Court: SORNA Ruled Ex Post Facto Punishment for Defendant, by Anthony Accurso
- Seventh Circuit: Incompetent Advice to Reject Plea Offer Requires Evidentiary Hearing, by David M. Reutter
- New Hampshire Supreme Court Announces Adoption of Lafler When Reviewing IAC Claims in Plea Bargain Cases, by Douglas Ankney
- Colorado Supreme Court: Convictions for Murder and Attempted Murder Violate Double Jeopardy, by Douglas Ankney
- Third Circuit Announces Resentencing Under First Step Act Requires Use of § 3553(a) Factors, by Dale Chappell
- Kansas Supreme Court Reverses Conviction Where Trial Court Refused to Give Self-Defense Instruction, by Douglas Ankney
- Ninth Circuit: California Conviction Under § 261.5(c) Not Predicate Offense For § 2252(b)(1) Enhancement, by Anthony Accurso
- COVID-19 Has Profound Effect on Breadth and Scope of Law Enforcement Agencies, by Michael Fortino, Ph.D
- Sixth Circuit Vacates Sentence Where Upward Variance Based on Criminal History Had Little Bearing on Instant Offense, by Douglas Ankney
- Washington Supreme Court Announces Prohibition Against Blanket Shackling Policies at Pretrial Proceedings, by Anthony Accurso
- Second Circuit Announces Compassionate Release Motion by Prisoner Not Constrained by Outdated Guideline § 1B1.13, Application Note 1(D), by Dale Chappell
- Colorado Supreme Court Holds Successfully Completed Deferred Judgment Does Not Count as Conviction Barring Relief From Sex Offender Registration, by Matthew Clarke
- $12 Million Settlement Against Louisville, Kentucky, by Edward Lyon
- Review Board Has No Power Over NYPD, by Kevin Bliss
- Shielding Police Identities: A Law That Cuts Both Ways, by Michael Fortino, Ph.D
- Exodus of a Baker’s Dozen, by Edward Lyon
- PBA Cards and the Problem with Police Discretion, by Jayson Hawkins
- Proliferation of Police Drones Feeds Big Brother’s Need for Big Data, by Anthony Accurso
- For-Profit Lexipol Takes Over Writing Departmental Policy for Public Safety, by Kevin Bliss
- Thirty-Fourth Conviction Based on Bite Mark Forensics Overturned, by Kevin Bliss
- Guilt by Google, by Jayson Hawkins
- Technology and Police Reform, by Anthony Accurso
- Would the Real Officer Friendly Please Stand Up?, by Casey Bastian
- Government Enforcers Are Still Cops, by Jayson Hawkins
- News in Brief
More from Matthew Clarke:
- Kansas Supreme Court Revives Prisoner’s Challenge to Loss of Parental Rights, June 1, 2025
- Fifth Circuit Reinstates Baha’i Texas Prisoner’s Dietary Claim, June 1, 2025
- $5.6 Million Settlement for California Prisoner’s Wife Strip-searched During Visit, June 1, 2025
- Academic Study of Prison Guards’ Use of Excessive Force Details Sad State of Civil Rights for Abused Prisoners, June 1, 2025
- Multitudes Caged for Failure to Pay Child Support, Driving Mass Incarceration, May 1, 2025
- Los Angeles County Pays $24 Million to Two Former Prisoners Wrongly Convicted as Teens of 1997 Murder, May 1, 2025
- Federal Watchdog Calls Out BOP for Spiking Suicide Risk at Pennsylvania Lockup, April 1, 2025
- Eighth Circuit: Arkansas Prisoner Who Had Consensual Sex With Guard Cannot Sustain Eighth Amendment Claim, April 1, 2025
- TDCJ to Run Out of Beds in 2025, April 1, 2025
- “Happy Mother’s Day”: $1,353,000 Settlement Approved for Migrant Parents Separated from Minor Kids at Border, March 1, 2025
More from these topics:
- Fingerprints as New Drug-Detection Method, May 15, 2025. Drug Testing/Treatment Programs, Fingerprint Evidence, Drug Laws/Offenses.
- Fourth Circuit: District Court Failed to Provide Sufficient Explanation for Sentence Imposed and Did Not Address Defendant’s Arguments for Downward Variant Sentence, May 15, 2025. Sentencing, Drug Laws/Offenses.
- Biden Clemency Recipients Included Virginians Sentenced for “Acquitted Conduct”, April 1, 2025. Wrongful Conviction, Pardons/Clemency, False Confessions, Drug Laws/Offenses.
- 14 Overdoses in Two Weeks Leave One Dead at Phoenix Jail, April 1, 2025. Drug Overdose, Accidents, Drug Laws/Offenses.
- No Opened Envelopes: Hawai’i Prisons Get New Mail Scanning Technology, April 1, 2025. Mail Regulations, Police State-Surveillance, Antipsychotic Drugs/Forced Medication, Drug Laws/Offenses.
- Southern Health Partners Settles Suit Over Kentucky Jail Meth Death, April 1, 2025. Drug/Alcohol Withdrawal, Settlements, Methamphetamine, Drug Laws/Offenses, Deliberate Indifference.
- California Prisoner Allegedly Ran Alaska Drug Ring from His Cell, Feb. 15, 2025. Organizing, Prison Gangs, Drug Laws/Offenses.
- California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, Feb. 15, 2025. Disclosure of Records, Police, Brady Violations, Murder/Felony Murder, Resentencing, Prior Conviction/Sentence/Incarceration, Evidence - Admissibility.
- Sprawling Indictment Targets Two Smuggling Networks Run by Georgia Prisoners, Dec. 15, 2024. Drug Laws/Offenses, Indictment/Information.
- Georgia Prison Warden Fired, Seven Guards Arrested in Prisoner’s Massive Drug Operation, Sept. 15, 2024. Guard Misconduct, Drug Laws/Offenses.