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Fifth Circuit Announces Revocation Judgments for Violation of Supervised Release Vacated Because Underlying Sentence Vacated
Loaded on Feb. 15, 2024
by Anthony Accurso
published in Criminal Legal News
February, 2024, page 26
Filed under:
U.S. Sentencing Guidelines,
Resentencing,
Revocation/Modification of Probation, etc.,
Revocation Proceedings.
Location:
Texas.
by Anthony W. Accurso
The U.S. Court of Appeals for the Fifth Circuit held that a defendant’s revocation sentences were nullified after the underlying sentence of which they were a part was vacated.
Eddie Lipscomb was convicted in 2008 of being a felon in possession of a firearm under 18 ...
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More from this issue:
- Geofence Warrants: The Mass Location Surveillance and Privacy Threat Created by Google May Be Eliminated by Its Creator, by Anthony Accurso
- Minnesota Supreme Court Announces Odor of Marijuana Alone Emanating From Vehicle Insufficient for Probable Cause to Search Under Automobile Exception, by Anthony Accurso
- Michigan Supreme Court: Defendant’s Statements Involuntary and Inadmissible, by Douglas Ankney
- Tales From the ‘Tails’ of Bloodstains, by Douglas Ankney
- New Jersey Supreme Court Excludes CSLI Testimony Based on Agent’s ‘Rule Of Thumb’ Method for Determining Defendant’s Location, by Anthony Accurso
- New Night-Vision Capable Drone Marketed to Police, by Anthony Accurso
- Missouri Supreme Court Orders Dismissal of Pending Charges Where Trial Court Failed to Bring Prisoner to Trial Within 180-Day Limitations Period Provided for in ‘Interstate Agreement on Detainers’, by Douglas Ankney
- Third Circuit: Defendant Not on Rental Agreement Had Reasonable Expectation of Privacy in Car Because He Had Dominion and Control of Car Where Renter Gave Keys to Him, He Was in Possession of Them Upon Arrest, and Car Parked Nearby, by Anthony Accurso
- NYPD Has Spent Millions of Dollars on Social Media Analysis Tools, by Jo Ellen Nott
- New York Court of Appeals: Forensic Findings Establishing Possible Alternative Cause of Injuries in Sex-Crime Prosecution Admissible Under ‘Interest of Justice’ Exception to Rape Shield Law, by David Reutter
- The Diminishment of Miranda Is Leading to False Confessions and Conviction of Innocents, by David Reutter
- FBI Works to Expand Court Authority for Its Offensive Cyber Operations, by Anthony Accurso
- Fifth Circuit Announces Revocation Judgments for Violation of Supervised Release Vacated Because Underlying Sentence Vacated, by Anthony Accurso
- Third Circuit: Defense Counsel Ineffective Under Strickland Where Counsel Sat Silent After Judge Threatened to Charge Witness With Perjury Unless Testimony Changed, by Douglas Ankney
- Study Raises Alarms About Inaccuracies and Bias in Gun Forensics Reporting, by Jo Ellen Nott
- Ninth Circuit Announces District Courts Must Either Orally Pronounce All Discretionary ‘Standard’ Conditions of Supervised Release in the Presence of Defendant or Provide Conditions in Writing Prior to Sentencing, by Douglas Ankney
- The Problem with Some Non-Carceral Punishments, by Carlo Difundo
- Researchers Find Fiber Evidence Lasts Longer Underwater Than Previously Thought, by Jo Ellen Nott
- Who Let the Dogs Out? Robotic Dogs Are the Newest (and Scariest) Surveillance Tech in U.S. Police Departments, by Jo Ellen Nott
- After Ohio Becomes 24th State to Legalize Recreational Marijuana, What Next?, by Jordan Arizmendi
- DHS Allows CBP and ICE Officers to Create Fake Social Media Profiles to Track Subjects of Interest and Conduct Investigations, by Jo Ellen Nott
- Fourth Circuit: Walking Past Unoccupied Home With Bulging Pocket and Attempting to Evade Neighborhood Tipster Insufficient for Reasonable Suspicion to Seize and Search, by Anthony Accurso
- Harris County, Texas, Settles Civil Rights Case for $1.5 Million Brought by Innocent Man Shot in His Home Five Times by Trigger-Happy Deputy, by Jo Ellen Nott
- DEA’s Domestic Surveillance Mission Creep: Beyond Drugs, Beyond Protests, by Jo Ellen Nott
- New Mexico Supreme Court Announces Marquez’s Holding That ‘Crime of Shooting at or From Motor Vehicle Cannot Be Predicate Felony Supporting Charge of Felony Murder’ Is New Substantive Rule and Applies Retroactively, by Douglas Ankney
- The Potential Privacy Threat of Generative AI, by Michael Thompson
- Pennsylvania Supreme Court: Testimonial References to Post-Arrest Silence Cannot Be Used Against Defendant at Trial, Pre-Arrest Harmless Error Analysis Does Not Apply, by Anthony Accurso
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- Indiana Supreme Court Announces Civil Forfeiture Triggers Right to Jury Trial, by Matthew Clarke
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- Kentucky Supreme Court: Trial Court Abused Discretion by ‘Rehabilitating’ Juror Who Indicated Could Not Be Impartial and Failing to Strike Juror, by David Reutter
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- News in Brief
More from Anthony Accurso:
- Stinging Back: Resisting Government Surveillance of Cellphones, May 15, 2024
- Use of Solitary Confinement on the Rise in ICE Facilities, May 15, 2024
- California Court of Appeal: Traffic Stop Prolonged for Drug Dog Sniff Search Unrelated to ‘Mission’ of Stop Violates Fourth Amendment, April 15, 2024
- Pharmacies Are Giving Your Prescription Data to Police Without a Warrant, April 15, 2024
- California Attorney General Issues Memo Prohibiting Out-of-State Sharing of ALPR Data, April 15, 2024
- Utah Supreme Court Announces Communication of Cellphone Passcode Protected by Fifth Amendment and Rules Advising Jury of Defendant’s Refusal to Disclose Passcode Violates Privilege Against Compelled Self-Incrimination, April 15, 2024
- The FBI’s Rapidly Expanding DNA Database, April 15, 2024
- Taxpayers Foot the Bill for Police Training on How to Violate Constitutional Rights, April 15, 2024
- LexisNexis Aids Customs and Border Patrol to Flaunt Fourth Amendment, March 15, 2024
- Pennsylvania Supreme Court: Failure to Disclosure Mental Health Report Showing Key Witness Was a Sociopath Constitutes Brady Violation That Prejudiced Defendant, March 15, 2024
More from these topics:
- California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Evidentiary Hearing Under Felony Murder Resentencing Law, May 15, 2024. Resentencing, De Novo Resentencing, Right to be Present.
- Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes, May 15, 2024. U.S. Sentencing Guidelines, Career Offenders, Recidivist Enhancements.
- Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis, April 15, 2024. Sex Offender Registration, U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Military.
- California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Hearing to Determine Facts Surrounding Felony Murder Charges for Possible Resentencing Under § 1172.6, March 15, 2024. Resentencing, De Novo Resentencing, Right to be Present.
- California Court of Appeal Reverses Denial of Full Resentencing Under SB 483, March 15, 2024. Resentencing, De Novo Resentencing.
- California Felony-Murder Reform Shaves 11,000 Years Off 600 Prisoner Sentences, March 1, 2024. Murder/Felony Murder, Resentencing.
- U.S. Sentencing Commission Greenlights Retroactive Sentence Reductions, March 1, 2024. U.S. Sentencing Guidelines, Guideline Amendment/Variances and Retroactivity.
- Ninth Circuit Announces District Courts Must Either Orally Pronounce All Discretionary ‘Standard’ Conditions of Supervised Release in the Presence of Defendant or Provide Conditions in Writing Prior to Sentencing, Feb. 15, 2024. U.S. Sentencing Guidelines, Applicable Guidelines Issues, Sentencing Hearing, Right to be Present, Conditions of, Remands/Rehearings/Resentencings.
- First Prisoners Released Two Years After Illinois Passed Law to Revisit Excessive Sentences, Feb. 1, 2024. State Law Claims, Resentencing.
- Federal Sentencing Guidelines Undergo Substantial Amendments, Jan. 15, 2024. U.S. Sentencing Guidelines, First Step Act, Violence Against Women Act, Criminal History, Qualifying Offenses, Sentence Enhancements/Departures, Sexual Abuse/Harrassment/Exploitation, Sexual Exploitation of Minors, Federally Protected Rights, Sexual Conduct with Minors, Sentences - Authorized, Safety Valve, Acceptance of Responsibility, Preservation of Judicial Resources, Legal or Factual Challenges - assertion of.