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Second Circuit: District Court’s Failure to Offer Explanation for Its Sentence Constitutes Plain Error

Loaded on Sept. 15, 2020 by Douglas Ankney published in Criminal Legal News October, 2020, page 39
Filed under: U.S. Sentencing Guidelines, Failure to Instruct on Materiality as an Element of Crime. Location: New York.

by Douglas Ankney

The U.S. Court of Appeals for the Second Circuit held that a district court’s failure to offer an explanation for its sentence was plain error in violation of 18 U.S.C. § 3553(c).

Gilberto Rosa pleaded guilty to conspiracy to commit wire fraud (Count One) and aggravated identity ...

 

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  1. SCOTUS ‘Shadow Docket’ Secretly Pushes Agendas, Issues Major Rulings Without Argument or Public Knowledge, by Dale Chappell
  2. The Junk Science Cops Use to Decide You’re Lying, by Jordan Smith
  3. From the Editors
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  6. Fourth Circuit: Releasee Under First Step Act Can’t ‘Bank’ Extra Time Spent in Prison Toward Future Supervised Release Violation, by Dale Chappell
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  8. Sixth Circuit Reverses District Court’s Grant of Summary Judgment to Defendants in § 1983 Suit Against City and Police Officers, by Douglas Ankney
  9. Ninth Circuit Clarifies Use of Rule 60(b) for Changes in Law, by Dale Chappell
  10. Nebraska Supreme Court Announces Remand for New Sentencing Hearing Appropriate Remedy for Enhanced Vehicular Homicide Sentence Without Evidence of Prior Convictions, by Douglas Ankney
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  16. South Carolina Supreme Court: Failure to Give Logan Instruction Not Harmless Error Where Evidence Almost Entirely Circumstantial, by Douglas Ankney
  17. Justice Sotomayor Raises Due Process Concerns Over Eleventh Circuit’s Use of Published Successive Habeas Denial Orders, by Dale Chappell
  18. Colorado Supreme Court: Prosecution Prohibited From Arguing Defendant’s Failure to Retreat Showed Lack of Fear, Undermining Claim of Self-Defense, by Douglas Ankney
  19. Seventh Circuit: District Court Abused Discretion by Denying Relief Without First Considering Recalculations Under First Step Act, by Douglas Ankney
  20. California Supreme Court Vacates LWOP Sentence After Its Recent Cases Clarifying ‘Special Circumstance’ Murder, by Dale Chappell
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  25. Interactions Between Diabetics and Law Enforcement Can Become Life-Threatening, by Casey Bastian
  26. Fourth Circuit Grants ‘SOS’ § 2254 Petition Attacking Three-Decade-Old Murder Conviction Based on New Evidence, by Dale Chappell
  27. Washington Federal Court: Looking at Lock Phone Screen Requires Warrant, by Anthony Accurso
  28. North Carolina Supreme Court: Defendant Can’t Be Convicted of Both Habitual Misdemeanor Assault and Felony Assault for Same Act, by Douglas Ankney
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