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Ninth Circuit Clarifies Framework for Applying Minor-Role Adjustment in U.S. Sentencing Guideline § 3B1.2(b)
by Douglas Ankney
The U.S. Court of Appeals for the Ninth Circuit clarified the framework for application of the minor-role adjustment of U.S. Sentencing Guideline (“U.S.S.G.”) § 3B1.2(b).
A man identified as “Gordo” overheard Jesus Ezequiel Rodriguez complaining that employment was hard to find during the COVID-19 pandemic. Gordo offered ...
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More from this issue:
- The Pariah, by Murtaza Hussain
- Sixth Circuit: District Court Confused ‘Attenuation Doctrine’ and ‘Inevitable Discovery Exception’ in Applying Exclusionary Rule, by Anthony Accurso
- Texas Court of Criminal Appeals: Under State Felon in Possession of Firearm Statute, Possessing Multiple Firearms Simultaneously Constitutes One Offense, Not Multiple, by Douglas Ankney
- Fifth Circuit Announces Louisiana Aggravated Assault With Firearm Still Not ‘Crime of Violence’ After 2012 Amendment for Purposes of Sentencing Guidelines, by Matthew Clarke
- Seventh Circuit: Sentencing Court’s ‘Inoculating Statement’ Regarding Potential Guidelines Miscalculation Failed to Satisfy Conditions of Abbas, by Douglas Ankney
- Federal Habeas Corpus: Role of the Magistrate Judge, by Dale Chappell
- Michigan Supreme Court Announces Forfeited Structural Error Automatically Satisfies Third Prong of Plain Error Standard Without a Showing of Prejudice, by Douglas Ankney
- Massachusetts Supreme Judicial Court Announces New Rule Governing Warrants for CSLI and Tower Dumps, Suppresses CSLI Evidence Because Warrant Lacked Particularized Facts Establishing Nexus Between Defendant’s Use of Cell Phone and Charged Crimes, by Anthony Accurso
- Fourth Circuit: Coram Nobis Appropriate Remedy to Achieve Justice Where Petitioner Actually Innocent but Completed Sentence, by Douglas Ankney
- DOJ: Unlawful Snitching Program Run by the Orange County, California, DA’s Office and Sheriff’s Department Compromised Unknown Number of Convictions, by Jo Ellen Nott
- Pennsylvania Supreme Court Announces Challenge to Presumptively Vindictive Sentence Constitutes ‘Legality Challenge’ and Thus Cognizable Under PCRA, by Harold Hempstead
- Ninth Circuit Clarifies Framework for Applying Minor-Role Adjustment in U.S. Sentencing Guideline § 3B1.2(b), by Douglas Ankney
- Washington Supreme Court Announces Race and Ethnicity Are Relevant Factors in Analysis of Whether Someone Has Been ‘Seized’, by Jacob Barrett
- Wyoming Supreme Court: Preventing Door From Slamming in Face of Police Officer Does Not Constitute Implied Consent to Enter Home Without a Warrant, by Anthony Accurso
- First Circuit Announces Courts May Consider First Step Act’s Non-Retroactive Changes to Sentencing Law in Determining Whether ‘Extraordinary and Compelling’ Reason Exists for Compassionate Release in Prisoner-Initiated Motion, by Jacob Barrett
- Louisiana Supreme Court Announces Conviction of Lesser Included Offense Subsequently Vacated as Unconstitutional Constitutes Implied Acquittal of Higher Charge; Double Jeopardy Bars Retrial on Higher Charge, by Jacob Barrett
- Seventh Circuit Announces Adoption of Uniform Procedure to Be Followed Where Plea Agreement Includes an ‘Appeal Waiver’ and Defendant Files Notice of Appeal, by Douglas Ankney
- Rhode Island Supreme Court: DUI Suspect Was in ‘Custody’ so Un-Mirandized Roadside Statements Properly Suppressed, by Mark Wilson
- Social Media Surveillance, by Jayson Hawkins
- Pennsylvania Supreme Court Announces Challenge to SORNA-Based Illegality of Sentence Claim Cannot Be Waived, Allowing for Challenge at Any Time — Even if First Raised on Appeal, by Anthony Accurso
- IRS Continues Practice of Government Agencies Hiding Their Abuse of Civil Forfeiture Procedures, by Douglas Ankney
- Institutional Resistance to Police Reform Continues, by Jayson Hawkins
- Next Gen Facial Recognition Identifies Your Associates, Too, by Anthony Accurso
- Illinois Law Protects Personal Data, by Jayson Hawkins
- Study Examines Link Between Fines and Crime, by Jayson Hawkins
- New York Follows California’s Lead Becoming Second State To Require Microstamping of Semiautomatic Handguns, by Douglas Ankney
- Location Tracking Devices Can Create the Appearance of Guilt, by Benjamin Tschirhart
- The Sixth Amendment Right to Assistance of Legal Counsel: An Examination of Federal Justice System Outcomes, by Casey Bastian
- Drone Company Is Establishing Cozy Relationship With Police, by Anthony Accurso
- The Insidious Nexus Between Law Enforcement Budget Increases and Misdemeanor Policing, by Casey Bastian
- Corporate Data Brokers Help Law Enforcement Spy on Millions of Law-Abiding People, by Anthony Accurso
- That Robotaxi Is Watching You, by Anthony Accurso
- $175,000 Awarded to Colorado Man Tased by Cop Angered Over His ‘Fuck Bad Cops’ Placard, by Douglas Ankney
- Predictive Policing Doesn’t Reduce Crime but Does Increase Targeting of Vulnerable Communities, by Casey Bastian
- Prosecutorial Misconduct Cause of More Than 550 Death Penalty Reversals and Exonerations, by Jacob Barrett
- Michigan Makes Civil Forfeiture Easier at Airports, by Jayson Hawkins
- News in Brief
- New FBI Tip Line: Further Incentive to Abuse Civil Asset Forfeiture, by Casey Bastian
More from Douglas Ankney:
- Community Supervision: America’s Hidden Wellspring to Mass Incarceration, Feb. 15, 2025
- Rikers Island Continues Long Practice of Denying Education to Young Adults, Feb. 15, 2025
- Monterey County Pays $1 Million to Settle Suit Over Detainee Suicide by Toilet Tissue; Wellpath Pays Another Undisclosed Sum, Feb. 15, 2025
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025
- California Court of Appeal: Evidence Insufficient to Show Robbery Victim Moved ‘Substantial Distance’ to Support Simple Kidnapping Conviction and Amendments to § 186.22 Require Vacatur of Gang Enhancements, Feb. 15, 2025
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025
- Fourth Circuit Reinstates North Carolina Prisoner’s Failure-to-Protect Claim Against Guard in Stabbing, Feb. 15, 2025
- Minnesota Supreme Court Announces No Duty to Retreat When Using Reasonable Force in Defense of Another and Provides Framework for Analyzing Such Claims, Feb. 1, 2025
- NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem, Jan. 15, 2025
- Fines and Fees Destroy the Impoverished and Perpetuate Mass Incarceration, Jan. 15, 2025
More from these topics:
- California Prisoner Allegedly Ran Alaska Drug Ring from His Cell, Feb. 15, 2025. Organizing, Prison Gangs, Drug Laws/Offenses.
- Former South Carolina Jailer Spared Prison After Testimony Fails to Convict Former Sheriff, Feb. 15, 2025. Guard Brutality/Beatings, U.S. Sentencing Guidelines, Sentences - Adjustments and Departures, Offense of Conviction.
- The Murky Waters of Parole, Feb. 1, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Parole Liability, Probation, Parole & Supervised Release.
- Oregon Supreme Court: Governor Can’t Revoke Commutation After Sentence Expires, Jan. 15, 2025. Parole/Probation Searches, U.S. Sentencing Guidelines, Resentencing, Revocation Proceedings, Overreaching.
- After Florida Appellate Court Holds Crimes of ‘Attempt’ Eligible for Incentive Gain Time, Supreme Court Refuses Review, Jan. 15, 2025. U.S. Sentencing Guidelines, Conspiracies, Attempts, Solicitations, Attempts/Incomplete Acts, Credits, Sentences - Adjustments and Departures.
- Seventh Circuit Announces Maximum Revocation Sentence for Violation of Supervised Release Based on Classification of Underlying Offense at Time of Conviction, Not at Time of Revocation, Dec. 15, 2024. U.S. Sentencing Guidelines, Revocation Proceedings.
- California Supreme Court Announces Retroactivity of 2022 Version of Penal Code § 1170 to Upper-Term Sentences Imposed Before Its Enactment, Dec. 15, 2024. Retroactivity, U.S. Sentencing Guidelines.
- First Circuit Holds Government Breached Plea Agreement by Implicitly Arguing for Upward Variant Sentence by Including Pictures and Video of Defendant That Allegedly Depict His Criminal Tendencies in Sentencing Memo, Dec. 15, 2024. U.S. Sentencing Guidelines, Grounds for Variance, 18 U.S.C. § 3582(c)(2), Plea Agreements/Guilty Pleas, Grounds.
- Sprawling Indictment Targets Two Smuggling Networks Run by Georgia Prisoners, Dec. 15, 2024. Drug Laws/Offenses, Indictment/Information.
- Fifth Circuit Judges Battle in Louisiana Over-Detention Cases, Dec. 15, 2024. U.S. Sentencing Guidelines, Overdetention, Credits.