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Ninth Circuit Announces No Deference to Application Note 1 to Guideline § 4B1.2(b) Because It Impermissibly Expands Definition of ‘Controlled Substance Offense’

Loaded on Oct. 1, 2023 by Douglas Ankney published in Criminal Legal News October, 2023, page 45
Filed under: Controlled Substances, Felony Drug Offense. Location: California.

by Douglas Ankney

In deepening an already wide Circuit split, the U.S. Court of Appeals for the Ninth Circuit announced that the Court cannot defer to Application Note 1 to U.S. Sentencing Guidelines (“U.S.S.G.”) § 4B1.2(b) because the Guideline is unambiguous and does not include inchoate offenses for purposes of career ...

 

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  2. Sixth Circuit: Sentence Procedurally Unreasonable Where District Court Failed to Explain Decision to Impose Consecutive Sentences and Substantively Unreasonable Where Court Improperly Weighed Sentencing Factors, by Douglas Ankney
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  8. Kansas Supreme Court: Defendants May File a Motion to Correct Illegal Sentence in Appellate Court While on Direct Review, by Douglas Ankney
  9. U.S. Sentencing Commission Publishes Compassionate Release Datafile for Fiscal Years 2020-­2022, by Casey Bastian
  10. SCOTUS Announces Pending Investigation or Proceeding Is Not Required for an Offense to be ‘Related to Obstruction of Justice’ and Qualify as ‘Aggravated Felony’ in Removal of Noncitizen, by Douglas Ankney
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  13. U.S. Supreme Court Announces § 2255(e)’s ‘Saving Clause’ Does Not Enable Prisoners to File § 2241 Petition Based on AEDPA’s Rule Against Second or Successive § 2255 Motions, by Douglas Ankney
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  17. American Bar Association’s 2023 Plea Bargain Task Force Report, by Carlo Difundo
  18. Fourth Circuit Reverses Dismissal of Habeas Petition Where District Court Failed to Review Magistrate’s Report De Novo After Characterizing Petitioner’s Objections as ‘Attempt to Reargue Case’, by Douglas Ankney
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  20. Texas Court of Criminal Appeals Holds Granting Motion for New Trial Because ‘Verdict Is Contrary to Law and Evidence,’ Without Further Explanation, Bars Retrial, by Matthew Clarke
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  22. How the Backdoor Loophole Enables the FBI to Search Your Communications Without a Warrant, by Michael Thompson
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