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Seventh Circuit: District Court’s Failure to Address Nonfrivolous Argument Raised in First Step Act Motion Constitutes Procedural Error in Violation of Concepcion
Loaded on April 15, 2023
by Douglas Ankney
published in Criminal Legal News
May, 2023, page 38
Filed under:
Frivolous Litigation (PLRA),
First Step Act,
Procedural Default/Error.
Location:
Illinois.
by Douglas Ankney
The U.S. Court of Appeals for the Seventh Circuit ruled that when deciding a motion for a sentence reduction under § 404 of the First Step Act (“FSA”), a District Court must demonstrate it considered every nonfrivolous argument raised by the defendant.
In 2005, Jamell Newbern pleaded ...
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More from this issue:
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- First Circuit Vacates Sentence Containing 20-Year Upward Variance Because District Court Failed to Provide Case-Specific Factors or Rationale for Such a Large Variance, by Richard Resch
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- Ohio Supreme Court Clarifies Meaning of ‘Outcome Determinative’ in Context of Motion for Postconviction DNA Testing, by Douglas Ankney
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- Missouri Muslim Prisoners Advance Suit Against Guards For Assault During Prayer, July 1, 2024
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- Decedent’s End-of-Life Condition and Toxicology May Alter Time-of-Death Estimation, June 15, 2024
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More from these topics:
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- Fourth Circuit Vacates Denial of First Step Act Relief Where Record Unclear Whether District Court Considered All Nonfrivolous Arguments Raised by Defendant, Nov. 1, 2023. First Step Act, Policy Considerations, Reduction of Sentence.
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