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First Circuit: Dangerousness of Machine Guns Not Justification for Above-Guidelines Sentence

Loaded on Oct. 15, 2020 by Dale Chappell published in Criminal Legal News November, 2020, page 31
Filed under: U.S. Sentencing Guidelines, Sentence Enhancements/Departures. Location: Puerto Rico.

by Dale Chappell

The U.S. Court of Appeals for the First Circuit held on August 3, 2020, that the U.S. District Court for the District of Puerto Rico’s focus on the dangerousness of machine guns and their link to brutal crimes in general are not permissible reasons to impose a ...

 

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More from this issue:

  1. Police Unions: Obstacles to Criminal Justice Reform and Police Accountability, by Douglas Ankney
  2. Fourth Circuit Announces Discretionary Conditions of Supervision Must Be Orally Pronounced at Sentencing, by Anthony Accurso
  3. Deal Presented by Kentucky Prosecutor Evidence of Effort to Smear Breonna Taylor, by Casey Bastian
  4. Attacking the Guilty Plea: Waivers, Breaches, and Getting More Time After a Successful Challenge, by Dale Chappell
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  6. The 1971 Stanford Prison Experiment Showing Authoritarian Abuse Still Relevant Today, by Michael Fortino, Ph.D
  7. Powerful New Tool Reveals Federal Sentencing Problems, by Dale Chappell
  8. Campaign Zero Advocates for Police Accountability, by Jayson Hawkins
  9. Sixth Circuit Finds IAC for Failure to Raise ‘Clearly Foreshadowed’ Change in Law on Appeal, by Dale Chappell
  10. Ninth Circuit: Use of Unconvicted Conduct Too Dissimilar to Charged Offense Violates Due Process, by Dale Chappell
  11. Fifth Circuit Grants Habeas Relief Because Detective’s Testimony of Witness Identification of Defendant Violates Confrontation Clause, by Dale Chappell
  12. Indiana Supreme Court Announces New Analytical Framework for Review of Substantive Double Jeopardy, Overruling Richardson, by Douglas Ankney
  13. Idaho Supreme Court Announces False Rape Allegations May Be Admitted Regardless of When Made, by Anthony Accurso
  14. Federal Judge Criticizes Qualified Immunity and Challenges SCOTUS to Abolish It, by Anthony Accurso
  15. Fifth Circuit Reverses Conviction Based on Prejudicial Prosecutorial Misconduct, by Douglas Ankney
  16. Arizona Supreme Court Declares Gang-Association Statute Unconstitutional, by Dale Chappell
  17. Mississippi Supreme Court Vacates Capital Murder Conviction Obtained With Bite Mark Comparison Evidence, by Matthew Clarke
  18. Eighth Circuit: Counsel Ineffective for Not Recognizing § 851 Enhancement Should Not Have Applied, by Anthony Accurso
  19. First Circuit: Dangerousness of Machine Guns Not Justification for Above-Guidelines Sentence, by Dale Chappell
  20. Eleventh Circuit: Time Served Adjustment Is Mandatory Under Sentencing Guidelines Even After Booker, by Matthew Clarke
  21. Kansas Supreme Court Announces Residual Clause of Law Prohibiting Knife Possession by Felons Unconstitutionally Vague, by Anthony Accurso
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  25. N.J. Supreme Court Announces Defendant Has Right to Question Cooperating Witness About Plea Deal and Possible Sentence Exposure Even When Witness Faced Same Exposure as Defendant, by Douglas Ankney
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  27. Seventh Circuit: Solo Masturbation Near Fully Clothed and Sleeping Child Does Not Constitute Production of Child Pornography, by Anthony Accurso
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  46. News in Brief

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