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Tenth Circuit: Unreasonable Determination of Downward Variance of Guidelines Resulted in Plain Error
by David M. Reutter
The U.S. Court of Appeals for the Tenth Circuit held that the U.S. District Court for the District of Wyoming committed plain error in applying the U.S. Sentencing Guidelines (“Guidelines”) by making an unreasonable determination in the downward variance it imposed.
Before the Court was the ...
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More from this issue:
- The Debunking of Forensic Science: A Decade of Increased Scrutiny Reveals Forensic Processes Prone to Bias and Error, by Casey Bastian
- California Court of Appeal: At Felony-Murder Resentencing Hearing, Court May Not Deny Relief Based on Findings That Are Inconsistent With Previous Acquittal, by Douglas Ankney
- You’d Better Watch Out: The Surveillance State Is Making a List, and You’re On It, by Nisha Whitehead, John W. Whitehead
- Montana Supreme Court: Odor of Marijuana by Itself Insufficient to Prolong Traffic Stop, by Anthony Accurso
- Fifth Circuit: ‘Nonsubstantial Overcrowding’ of Vehicle Used in Transporting Illegal Aliens Insufficient for Imposition of Sentencing Enhancement Under Guidelines § 2L1.1(b)(6), by Douglas Ankney
- California Court of Appeal: Kill-Zone Theory Principles Articulated in Canizales Are Retroactive to Judgments That Were Final at Time of Decision, by Jacob Barrett
- Florida Supreme Court Announces Completed ‘Purchase’ of Drugs Under Trafficking Statute Requires Exchange of Money and Possession, by David Reutter
- Police Digitally Frame Activists in India, but It Can Happen Anywhere, by Jayson Hawkins
- Eleventh Circuit: Prosecutor Denied Absolute Prosecutorial Immunity for Failure to Ensure Cancellation of Material Witness Warrant, by David Reutter
- Fifth Circuit: District Court Erred in Finding That a Fourth Amendment Stop Did Not Occur, by Harold Hempstead
- Massachusetts Supreme Judicial Court: Ineffective Assistance of Counsel Where Trial Counsel Believed, Erroneously, He Had Ethical Duty to Tell Prosecution Location of Key Incriminating Evidence Not in Counsel’s Possession, by Douglas Ankney
- Los Angeles: Police Union Resists Changes to Pretextual Stops, by Jayson Hawkins
- Police Find It Easier to Influence Public Opinion Than to Protect and Serve, by Benjamin Tschirhart
- Tenth Circuit: Unreasonable Determination of Downward Variance of Guidelines Resulted in Plain Error, by David Reutter
- Ninth Circuit Suppresses Evidence as Fruit of the Poisonous Tree Where Officer Lacked Probable Cause to Arrest Man Who Displayed Handgun in Open Carry State, by Douglas Ankney
- California Court of Appeal Announces the People Are Not Entitled to Have Privately Retained Psychological Expert Testify at Trial of SVPA Petition, by Douglas Ankney
- Connecticut Supreme Court Announces ‘John Doe’ Warrant Based on Suspect’s General Description and Partial DNA Profiles, Which May or May Not Include Suspect’s DNA, Fails to Satisfy ‘Particularity Requirement’ of Fourth Amendment, by Douglas Ankney
- Tenth Circuit: Prisoner Convicted of Covered Drug Offense but Sentenced to Mandatory Life Sentence Via Cross Reference for Murder Under Pre-Booker Guidelines Has Standing to Request First Step Act Sentence Reduction, by Douglas Ankney
- NYC: The First DNA Gun Crimes Unit in America, by Harold Hempstead
- Sixth Circuit: Unarmed Bank Robber Who Ordered Tellers to Get on the Floor Not Subject to Enhancement for Physical Restraint, by Matthew Clarke
- Traditional Forensic Ballistics Comparisons Giving Way to Virtual 3D Methods, by Casey Bastian
- The National Registry of Exonerations 2021 Annual Report: 161 Exonerations Comprising 1,849 Years of Wrongful Imprisonment, by Casey Bastian
- Massachusetts Supreme Judicial Court Ends Practice of Juvenile Courts Granting Continuances for Sole Purpose of Extending Delinquent’s Period of Detention, by Douglas Ankney
- Mislabeling of Marijuana Products Is a National Problem, by Kevin Bliss
- Review of Prior Research Identifies Three Main Sources of Bias in Jury Decision-Making Processes, by Casey Bastian
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More from David Reutter:
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- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
- Fourth Circuit: Baltimore County Prisoners May Qualify as Employees under FLSA, Jan. 15, 2025
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024
- Trends Show Mortality Risks Increase with Higher Jail Turnover Rates, Dec. 15, 2024
More from these topics:
- 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.
- Fifth Circuit Judges Battle in Louisiana Over-Detention Cases, Dec. 15, 2024. U.S. Sentencing Guidelines, Overdetention, Credits.
- California Supreme Court Announces Uncharged and Unproven Offense-Specific Enhancements May Not Be Imposed Under § 1172.6(e) Resentencing, Dec. 1, 2024. U.S. Sentencing Guidelines, Resentencing, Sentence Enhancements/Departures.
- Third Circuit: Despite ‘Expressly and Repeatedly’ Requesting Low-End Sentence, Government Breached Plea Agreement by Emphasizing ‘Heinous’ Nature of Offense and Presenting Victim-Impact Evidence at Sentencing Thereby Undermining Recommendation, Dec. 1, 2024. U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Reduction of Sentence, Proffer Agreements/Statements/Sessions.