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Tenth Circuit Joins Other Circuits, Holding Federal Offense of Conviction, Not Underlying Conduct, Determines First Step Act Eligibility

Loaded on Sept. 15, 2021 by Dale Chappell published in Criminal Legal News October, 2021, page 20
Filed under: First Step Act, Sentencing Goals/Purposes/Practices. Location: Colorado.

by Dale Chappell

The U.S. Court of Appeals for the Tenth Circuit held that a district court is authorized to correct an erroneous career offender enhancement when a defendant qualifies for relief under the First Step Act, joining other circuits which have held the same.

The appeal came after Wallace ...

 

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  1. The Clash Between Closed-Source Forensic Tools and the Confrontation Clause, by Anthony Accurso
  2. Make Way for the Snitch State The All-Seeing Fourth Branch of Government, by Nisha Whitehead, John W. Whitehead
  3. Massachusetts Supreme Judicial Court: Withholding Exculpatory Statement Change by Key Witness Constitutes Brady Violation, Requiring New Trial, by Matthew Clarke
  4. Qualified Immunity Driven by Irrational Fear of Cops Being Held Personally Liable, by Dale Chappell
  5. Wyoming Supreme Court: Fleeing Into Home After Traffic Offense Not Exigent Circumstance Justifying Warrantless Entry, by Anthony Accurso
  6. SCOTUS: § 2(a) of Fair Sentencing Act Modifies Statutory Penalties Only for Subparagraphs (A) and (B) of 21 U.S.C. § 841(b)(1)— the Mandatory-Minimum Provisions, by Douglas Ankney
  7. SCOTUS: ‘Exceeds Authorized Access’ Under the CFAA Means Accessing Areas of Computer That Are Off-Limits on Computer Otherwise Authorized to Access, by Douglas Ankney
  8. Fourth Circuit: Sentence Vacated for Failure to Properly Analyze Leadership Role Factors, by Anthony Accurso
  9. Tenth Circuit Joins Other Circuits, Holding Federal Offense of Conviction, Not Underlying Conduct, Determines First Step Act Eligibility, by Dale Chappell
  10. Hawaii Supreme Court: Trial Counsel Must Inform Defendant That Deportation ‘Will Be Required’ for Plea to Aggravated Felony, IAC for Advising Deportation ‘Almost Certain’, by David Reutter
  11. Study: Innocent Children Likely to Plead Guilty, by David Reutter
  12. Fourth Circuit: District Court Must Recalculate Guidelines Sentencing Range and Conduct Analysis of § 3553(a) Factors Even if Same Sentence Would Be Imposed Under First Step Act, by Dale Chappell
  13. "Sixth Circuit Grants Habeas Relief Because Trial Judge Redacted Key Portion of Witness’ Testimony Presented to Jury in Violation of Confrontation Clause", by Dale Chappell
  14. JusticeText Software Helps Defense Attorneys Review Audiovisual Evidence, by Anthony Accurso
  15. Seventh Circuit Finds Lack of Evidence, Grants Habeas Relief, and Orders ‘Immediate Release’, by Dale Chappell
  16. Ninth Circuit: IAC Under Strickland Satisfies Rhines’ ‘Good Cause’ Standard to Stay Federal Habeas Petition, Allowing Exhaustion of State Court Remedies, by Dale Chappell
  17. Wisconsin Supreme Court: Officer’s Retention of Driver’s License Without Reasonable Suspicion to Delay Until Arrival of Drug Dog Constitutes Unlawful Seizure, by Anthony Accurso
  18. Tenth Circuit: Warrant Authorizing Search for Items ‘Involved in Crime’ Violates Fourth Amendment’s Particularity Requirement, Not Saved by Doctrine of Severability, by Anthony Accurso
  19. The Legacy of Len Bias, by Jayson Hawkins
  20. Massachusetts Supreme Court Revisits Lougee and Announces Framework for Determining When Pretrial Detention Prolonged Due to COVID Violates Due Process, by Douglas Ankney
  21. North Dakota Supreme Court Holds Attempted Knowing Murder Is Non-Cognizable, by Matthew Clarke
  22. California Court of Appeal: § 1170.95(e) Permits Trial Courts to Redesignate More Than One Underlying Felony in Resentencing Vacated Felony-Murder Conviction, by Douglas Ankney
  23. North Carolina Court Rules That Felons Not in Prison Must Be Allowed to Vote, by Chuck Sharman
  24. Seventh Circuit: Prosecutor’s Comments Not Supported by Evidence Denied Defendant Fair Trial, Affirms Habeas Relief, by Dale Chappell
  25. Arizona Supreme Court: Trial Courts Have Broad Discretion to Disqualify Entire Prosecutor’s Office Based on Appearance of Impropriety, by Douglas Ankney
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  42. News in Brief

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