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First Circuit: Plain Error Where District Court Based Upward Variant From Sentencing Guidelines Range on New Information Not Already in the Record at the Time of Sentencing
Loaded on June 15, 2023
by Douglas Ankney
published in Criminal Legal News
July, 2023, page 35
Filed under:
U.S. Sentencing Guidelines,
Grounds for Variance,
Grounds for Relief.
Location:
Puerto Rico.
by Douglas Ankney
The U.S. Court of Appeals for the First Circuit found plain error where the U.S. District Court for the District of Puerto Rico based an upward variance from the Guidelines range on new information not already in the record at the time of sentencing.
In 2011, Angel ...
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More from this issue:
- The Inevitability of Central Bank Digital Currencies and Their Threat to Human Rights, by Anthony Accurso
- SCOTUS Announces ‘Right-to-Control’ Theory Not Valid Basis for Liability Under Federal Wire Fraud Statutes, by Richard Resch
- Texas Court of Criminal Appeals: Trial Court Deprived Defendant of Opportunity to Present Complete Defense, by Douglas Ankney
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- New Commission in Georgia Will Discipline and Remove Prosecutors Who Are Seen as Not Tough Enough on Crime, by Jo Ellen Nott
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- Ninth Circuit: Government’s Inflammatory Arguments in Sentencing Memorandum and at Sentencing Hearing Implicitly Breached Plea Agreement Promise Not to Recommend Sentence in Excess of Low-End Guidelines Range, by Douglas Ankney
- Georgia Supreme Court Announces Overruling Longstanding Rule That Anything Filed by Defendant While Represented by Counsel Is Always a ‘Legal Nullity’, by Douglas Ankney
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- First Circuit: Plain Error Where District Court Based Upward Variant From Sentencing Guidelines Range on New Information Not Already in the Record at the Time of Sentencing, by Douglas Ankney
- Indiana Supreme Court: Petitioner Entitled to File Belated Appeal More Than 21 Years After Conviction, Holding He Acted ‘Promptly’, by Douglas Ankney
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More from Douglas Ankney:
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- Federal Judges Closing Loophole That Permits Government to Conduct Warrantless Searches of Cellphones at Border, Oct. 1, 2024
- Kansas Supreme Court Announces Complete and Wrongful Denial of Defendant’s Constitutional Right to Testify Constitutes ‘Structural Error’ and Reverses Convictions Where Defendant Removed From Stand and Entire Testimony Stricken, Oct. 1, 2024
- New Research Method Leads to Better Touch DNA Recovery and Development of Genetic Profiles, Oct. 1, 2024
- First Circuit Affirms Qualified Immunity for Massachusetts Officials Who Held Prisoner in Solitary for Two Years Without Hearing, Sept. 15, 2024
- Former Warden Added to Suit Over Brutal Killing of Disabled Virginia Prisoner, Sept. 15, 2024
- Alabama Court of Criminal Appeals Grants Credit to Prisoner’s LWOP Sentence, Sept. 15, 2024
- Regional Jail in Kentucky Settles DOJ Complaint, Agrees to Provide Treatment for Opioid Use Disorder, Sept. 15, 2024
- Nevada Supreme Court Holds That Violating Jail Phone Policy Does Not Waive Attorney-Client Privilege, Sept. 15, 2024
- Former D.C. Guard Gets 42-Month Sentence for Assaulting Handcuffed Prisoner, Sept. 15, 2024
More from these topics:
- Third Circuit District Court Erred by Failing to Consider Mitigating Evidence Under § 3553(a) Because It Mistakenly Believed Such Grounds Already Taken Into Consideration Based on Safety-Valve, Minor Role, and Acceptance of Responsibility Departures in, Oct. 1, 2024. U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Sentences - Adjustments and Departures, Disclosure Obligations.
- Florida Prisoner Whose Case Ended LWOP for Juveniles Released, Sept. 15, 2024. U.S. Sentencing Guidelines, Juvenile Offenses/Offenders, Sentences - Length/Severity of.
- California Supreme Court Refuses Challenge to LWOP Sentence Imposed for Crime Committed After Age 18, Sept. 15, 2024. U.S. Sentencing Guidelines, Life without Parole (LWOP), Constitutional Challenges/Law.
- First Circuit Holds Government Breached Plea Agreement With Defendant by Failing to Explain Why It Agreed to Substantial Downward-Variant Sentence, Sept. 1, 2024. U.S. Sentencing Guidelines, Sentencing Goals/Purposes/Practices, Plea Agreements/Guilty Pleas.
- First Circuit: District Court’s One-Sentence Explanation for 10-Year Upward Departure From Sentencing Guidelines Range Insufficient to Justify Significant Variance, Aug. 1, 2024. U.S. Sentencing Guidelines, Sentences - Adjustments and Departures.
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- First Circuit: Sentencing May Not Be Based Upon Unreliable Hearsay Testimony, Aug. 1, 2024. U.S. Sentencing Guidelines, Unreliable and Unsubstantiated Assertions, Hearsay Evidence.
- Tenth Circuit Announces Assault Conviction Under 18 U.S.C. § 113(a)(6) Not a Qualifying Predicate ‘Crime of Violence’ for Purposes of USSG § 2K2.1(a)(3), July 15, 2024. U.S. Sentencing Guidelines, Physical Force, Use of, Predicate Acts/Offenses.
- Federal Sentencing Guidelines Place Heavy Burden on Incarcerated Victims of Sexual Assaults, July 1, 2024. Staff-Prisoner Assault, U.S. Sentencing Guidelines, Prison Rape Elimination Act.
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