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Eighth Circuit Reiterates Statute of Conviction Determines Eligibility for Sentence Reduction Under First Step Act, Not Actual Conduct

Loaded on Jan. 15, 2022 by Dale Chappell published in Criminal Legal News February, 2022, page 16
Filed under: First Step Act. Location: Nebraska.

by Dale Chappell

The U.S. Court of Appeals for the Eighth Circuit reiterated that it is the statute of conviction that determines First Step Act relief under the retroactive application of the Fair Sentencing Act of 2010 (“FSA”), not the defendant’s actual conduct or drug amount involved.

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More from this issue:

  1. A Closer Look at Sex Offender Registries, by Casey Bastian
  2. Eighth Circuit Reiterates Statute of Conviction Determines Eligibility for Sentence Reduction Under First Step Act, Not Actual Conduct, by Dale Chappell
  3. Why Punishing Bad Prosecutors Won’t Fix a Bad System, by James Doyle
  4. California Supreme Court Announces Standard of Review and Required Showing for Prejudicial Error Under § 1473.7 to Vacate Plea Due to Lack of Understanding of Immigration Consequences, by David Reutter
  5. Idaho Supreme Court Announces Whether a Container Is Located Inside or Outside Vehicle When Probable Cause Arises Determines if Container May Be Searched Under Automobile Exception, Joining Conclusion of Several Other States, by Anthony Accurso
  6. Texas Court of Criminal Appeals: Police Deception That Statements Wouldn’t Be Used Against Defendant Requires Suppression, by Anthony Accurso
  7. Sixth Circuit Vacates Sentence for Impermissible Triple-Counting of Guidelines Enhancements for Ungrouped Offenses, by Dale Chappell
  8. SCOTUS Reverses Tenth Circuit’s Denial of Qualified Immunity for Fatal Police Shooting, by Douglas Ankney
  9. New Jersey Directive Provides Relief for Certain Drug Offenders, by Casey Bastian
  10. California Court of Appeal: Trial Court Required to Provide Notice and Consider Information Provided by Parties Before Ruling on CDCR Recommendation to Recall Sentence Pursuant to § 1170(d)(1), by Douglas Ankney
  11. Seventh Circuit Announces Standard of Review for Bond Revocation of Defendant on Pretrial Release, by Douglas Ankney
  12. Kansas Supreme Court: Counsel Ineffective for Failing to Request ‘Voluntary Act’ Jury Instruction in Trial for Rape of Child Younger Than 14 Where Defendant Argued She Was Forcibly Raped by Purported ‘Victim’, by Douglas Ankney
  13. Sixth Circuit Announces District Court Has Power to Waive Interest on Restitution Post-Sentencing, Resulting in Circuit Split, by Dale Chappell
  14. Third Circuit Rules Pennsylvania Courts’ Application of Federal Law Objectively Unreasonable, Overturns Conviction and Death Sentence, Grants Habeas Relief, by Dale Chappell
  15. Idaho Supreme Court Declares Clarke Merely Memorialized Constitutional Principle That Warrantless Arrest for Misdemeanor Completed Outside Officer’s Presence Violates State Constitution and Applies to Cases Prior to Clarke, by Douglas Ankney
  16. Second Circuit Announces Defendant Need Only Produce ‘Some Credible’ Evidence for Jury Instruction on Entrapment Defense, Clarifying It’s a Burden of Production, Not Persuasion, by Douglas Ankney
  17. Snitch Visas: A Pipe Dream, by David Reutter
  18. New Digital Warrants Undermine Fourth Amendment, by Anthony Accurso
  19. California Court of Appeal Announces Trial Courts Have Authority to Deny Request for Continuance of Motion to Suppress for Failure to Show ‘Good Cause’ Even if it Results in Dismissal, Rejecting Ferrer, by Douglas Ankney
  20. FBI Gives Green Light for Use of Rapid DNA Solution in Booking Stations, by Douglas Ankney
  21. Tenth Circuit Rules Impounding Car Following Arrest on Outstanding Warrant Was Pretextual, Suppresses Evidence Discovered, Reverses Convictions, by Anthony Accurso
  22. Pushback on Police Lying to Obtain False Confessions, by Jayson Hawkins
  23. Pennsylvania Supreme Court Announces Driver Who Leaves Scene of Accident Subject to Only One Hit-and-Run Violation, Regardless of How Many Victims, by Douglas Ankney
  24. Civil Forfeiture Under Fire in Massachusetts, by Jayson Hawkins
  25. Why Won’t the State of Missouri Release Innocent Men From Prison?, by Casey Bastian
  26. ShotSpotter Acoustic Detection System Another Example of a Forensic Tool Shrouded in Secrecy and Prone to Questionable Results, by Casey Bastian
  27. Oregon Bill Makes it More Difficult to Hide Police Misconduct, by Jacob Barrett
  28. New Study Reveals Digital Forensic Examiners Inclined to Biasability, by Casey Bastian
  29. Some Cities Taking Holistic Approach to Public Safety, by Casey Bastian
  30. Criminal Justice Legislation Signed by North Carolina Governor, by Ashleigh Dye
  31. Government Keyword Searches Revealed, by Jayson Hawkins
  32. Who You Gonna Call When You Don’t Want the Cops? There’s a Website for That, by Casey Bastian
  33. D.C. Circuit: Government Breached Plea Agreement by Violating Ambiguous Terms, Ambiguities Resolved in Favor of Defendants, Sentence Vacated, by David Reutter
  34. Eleventh Circuit: Georgia Aggravated Assault with a Deadly Weapon Only Requires Mens Rea of Recklessness Thus Not a ‘Violent Felony’ Under ACCA, by Dale Chappell
  35. News in Brief
  36. Minnesota Police Hand Out ‘Not-Reaching’ Pouches to Reduce Police Shoot-ings of Motorists, by Dale Chappell

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