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Second Circuit: Multi-Object Drug Conspiracy Involving Crack and Other Drugs Eligible for First Step Act Relief

Loaded on May 15, 2022 by Dale Chappell published in Criminal Legal News June, 2022, page 31
Filed under: First Step Act, Fair Sentencing Act of 2010. Location: United States of America.

by Dale Chappell

A single federal drug offense involving both powder and crack cocaine is eligible for a reduced sentence under the First Step Act’s retroactive application of the Fair Sentencing Act of 2010 (“FSA”), even if the offense includes a non-qualifying drug, the U.S. Court of Appeals for the ...

 

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More from this issue:

  1. A House Built on Discriminatory Sand, by Anthony Accurso
  2. Jury Nullification: The People’s Tool Against Bad Laws and Bad Legal Actors, by J.D. Schmidt
  3. New RECOVER Fingerprint Technology Used to Solve 1983 Cold Case, by Casey Bastian
  4. Federal Habeas Corpus: Post-Filing Procedures in Seeking Habeas Relief, by Dale Chappell
  5. Excited Delirium—the Diagnosis That Doesn’t Exist, by Brooke Kaufman
  6. New York Court of Appeals: Frye Hearing Required to Determine Admissibility of DNA Evidence Generated by Proprietary Forensic Statistical Tool, by Douglas Ankney
  7. Use of Controversial Phone-Cracking Tool Is Spreading Across Federal Government, by Sam Biddle, Mara Hvistendahl
  8. California Court of Appeal: Trial Court Must Receive Parole Agency’s Written Report Before Ruling on Parole Revocation Petition for Lifetime Parolee Despite Remand to Prison Being Mandatory, by Douglas Ankney
  9. Michigan Supreme Court: IAC Where Defense Counsel Failed to Request Instruction on Defense-of-Others for Nonassaultive Offense of Home Invasion, Orders New Trial, by David Reutter
  10. Maine Now Requires Criminal Conviction Before Property May Be Forfeited, by Douglas Ankney
  11. West Virginia Supreme Court: Defendant Who Provided False Information to Detective Who Failed to Identify Himself as Police Officer Has No Duty to Cure False Statement Upon Learning Detective Is a Police Officer, by Douglas Ankney
  12. Tenth Circuit: Judgment of Conviction Becomes Final for § 2255 SOL Purposes Upon Conclusion of Direct Review of Deferred Restitution, by Douglas Ankney
  13. New Hampshire Supreme Court: Warrant Required to Enter Walled-In Porch Attached to Mobile Home, by Anthony Accurso
  14. Second Circuit: Multi-Object Drug Conspiracy Involving Crack and Other Drugs Eligible for First Step Act Relief, by Dale Chappell
  15. Sixth Circuit: No Abuse of Discretion in U.S. District Courts Imposing Habeas Remedy Different Than That Required Under State Law, by Dale Chappell
  16. Book Review: ‘The PLRA Handbook: Law and Practice Under the Prison Litigation Reform Act’ by John Boston, by Matthew Clarke
  17. SCOTUS Announces § 1983 Malicious Prosecution Claim’s ‘Favorable Determination’ Requirement Satisfied by Showing Prosecution Ended Without a Conviction, by Richard Resch
  18. Minnesota Supreme Court: Depraved-Mind Murder Requires Mental State of Generalized Indifference to Human Life, Which Cannot Exist Where Defendant Kills With Particularity, by Douglas Ankney
  19. Sixth Circuit: Evidence Withheld by Prosecutor Opens Door for Successive Habeas Petition, by Dale Chappell
  20. Martinsville Seven Pardoned 70 Years After Execution, by Anthony Accurso
  21. SCOTUS Adds Extra Obstacle to Federal Habeas Relief for State Prisoners, Ruling Both Brecht and the AEDPA Must Be Satisfied, by Dale Chappell
  22. Pennsylvania Supreme Court Announces Smell of Marijuana Alone No Longer Establishes Probable Cause to Conduct Warrantless Vehicle Search, by Douglas Ankney
  23. ABA Says Oregon Needs 1,296 More Public Defenders, by Mark Wilson
  24. New Yorkers With Criminal Record Struggle for Approval to Rent Homes, by Ashleigh Dye
  25. Idaho Supreme Court Announces Prospectively Testimony by Drug Recognition Expert Requires State to Comply With Expert Witness Disclosure Requirements of Rule 16(b)(7), by Douglas Ankney
  26. Filmmaker Got Back His $69,000 ‘Stolen’ by DEA Agent, Plus a $15,000 Settlement, by Harold Hempstead
  27. California Court of Appeal: Trial Court’s Dismissal of Charge Based on Express Statement of ‘Insufficient Evidence’ Is Equivalent to Acquittal for § 1170.95 Resentencing, by Douglas Ankney
  28. When Your Criminal Case Is Dropped, But Your Mugshot Lives Forever, by Julie Levitch
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