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Seventh Circuit Holds Sentencing Guidelines Commentary Still Entitled to Deference
by Sam Rutherford
The U.S. Court of Appeals for the Seventh Circuit held that Application Notes to provisions of the U.S. Sentencing Guidelines Manual are still entitled to deference, even after a Supreme Court case questioned the continued applicability of such deference.
Christopher Johnson was indicted for and pleaded guilty ...
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More from this issue:
- SCOTUS Announces Confrontation Clause Prohibits Expert Witness From Testifying About Non-Testifying Expert’s Statements Regarding Forensic Testing Performed by Non-Testifying Expert in Support of Testifying Expert’s Opinion Testimony at Trial, by Sam Rutherford
- NIJ Partners With Doctor to Develop Better Screening Method to Detect and Identify Drugs Postmortem, by Douglas Ankney
- Broken Trust The Pervasive Role of Deceit in American Policing, by Andrew Eichen
- WhatsApp’s Security Team Identifies Vulnerabilities, by Michael Thompson
- University of Maryland Carey Law Pioneers Forensic Defense Clinic
- Seventh Circuit Announces Search of Cellphone at Border Constitutes Routine Inspection and Does Not Require Warrant, Probable Cause, or Even Individualized Suspicion, by Sam Rutherford
- Delaware Supreme Court: Counsel Ineffective for Failing to Challenge Search of Cellphone Where Consent Was Ambiguous and Warrant Constituted a General Warrant, by Sam Rutherford
- Barrier-Crime Laws Continue to Unjustly Prohibit Otherwise Qualified Persons With Prior Convictions From Employment, by Douglas Ankney
- Cops Hide Behind Encrypted Radio, by Michael Thompson
- Ninth Circuit Denies Habeas Relief to Prisoner Who Invoked Fifth Amendment Right to Counsel During Custodial Interrogation but Made Incriminating Statements to Undercover Informant Posing as Fellow Prisoner Because Right to Counsel Not Violated, by Sam Rutherford
- Overthrowing the Constitution: All Sides Are Waging War on Our Freedoms, by Nisha Whitehead, John W. Whitehead
- California Court of Appeal: Wearing Puffy Jacket on Hot and Humid Night Does Not Constitute Reasonable Suspicion of Criminal Activity, by Anthony Accurso
- Ninth Circuit Announces California Carjacking Conviction Not Categorically ‘Crime of Violence’ Under Immigration Law for Removal Purposes, by Sam Rutherford
- SCOTUS Clarifies Prejudice Standard Under Strickland for Ineffective Assistance of Counsel Claims at Capital Sentencing, by Sam Rutherford
- Oregon Supreme Court Further Clarifies ‘Guilty Except for Insanity’ Defense, by Sam Rutherford
- Wisconsin District Attorneys’ Police Brady Lists Often Secret, Incomplete, or Nonexistent, by Matthew Clarke
- Georgia Supreme Court: Discovery of Common Law Wife’s Infidelity Entitled Defendant to Voluntary Manslaughter Instruction in Malice Murder Prosecution, by Sam Rutherford
- Arizona Supreme Court Allows Third PCR Motion Based on IAC for Erroneous Advice About Parole Eligibility Due to ‘Pervasive Confusion’ Regarding Parole Within Legal Community, by Anthony Accurso
- Chicago PD Continues Racial Profiling While Underreporting Incidents of Traffic Stops, by Jo Ellen Nott
- Wisconsin Supreme Court: Officer Violated Fourth Amendment by Exceeding Scope of Community Caretaking Function During Traffic Stop, by Sam Rutherford
- Seventh Circuit Holds Sentencing Guidelines Commentary Still Entitled to Deference, by Sam Rutherford
- ICE’s Deadly Force Problem: A Culture of Impunity, by Jo Ellen Nott
- News In Brief
- A New Approach to Drug Testing: Electrochemical Sensors and Raman Spectroscopy, by Jo Ellen Nott
More from Sam Rutherford:
- Shelby County DA Oversees Retesting After Forensic Analyst’s Dismissal for ‘Unethical Conduct’, July 1, 2025
- Self-Harming Wisconsin Prisoner Settles Failure-to-Protect Suit for $7,000, April 1, 2025
- SCOTUS Clarifies It Had Already Been ‘Clearly Established Federal Law’ in 2004 for Purposes of AEDPA That Evidence at Trial Can Be So Prejudicial as to Violate Due Process, March 15, 2025
- Ninth and Tenth Circuits Find Bivens Extension Orders Not Immediately Appealable, March 1, 2025
- New Mexico Corrections Department Continues Pattern of Abuse With Contract Medical Provider Wexford Health Sources, Feb. 15, 2025
- Hawai’i Supreme Court Reverses Murder Conviction for Prosecutorial Misconduct Based on Prosecution’s Improper Statements During Closing Arguments, Feb. 15, 2025
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025
- Fourth Circuit Decision on Claim of Retaliation for Exercising First And Sixth Amendment Rights Highlights Police Corruption, Feb. 15, 2025
- Washington DOC Physician Assistant Surrenders Medical License in Wake of Malpractice Allegations, Feb. 15, 2025
- California Court of Appeal Announces Defendants May Obtain Brady Evidence From Police Officers’ Personnel Files in Advance of § 1172.6 Hearing Requesting Vacatur of Conviction and Resentencing for Certain Types of Murder Convictions, Feb. 15, 2025
More from these topics:
- U.S. Sentencing Commission Adopts 2025 Amendments to Resolve Circuit Conflicts, Aug. 1, 2025. U.S. Sentencing Guidelines, Criminal History, Arrest/Arraignment, Sentence Enhancements/Departures.
- Summary of the 2025 Drug Offenses Amendment by the U.S. Sentencing Commission, Aug. 1, 2025. U.S. Sentencing Guidelines, Methamphetamine, Drug Mule, Machine Guns, Safety Valve.
- Third Circuit Rejects U.S. Sentencing Commission Amended Compassionate Release Policy, July 15, 2025. U.S. Sentencing Guidelines, Compassionate Release.
- Fourth Circuit: A Finding of Offering Money to Minor for Videos Depicting Specific Conduct Without Establishing Order of Events Insufficient to Establish Offer ‘Caused’ Minor to Produce Explicit Material Within Meaning of Guidelines § 2G2.2(c)(1) Cros, July 1, 2025. U.S. Sentencing Guidelines, Applicable Guidelines Issues.
- First Circuit Announces What Constitutes ‘Otherwise Using’ a Dangerous Weapon for Purposes of the Four-Level Enhancement Under Guidelines § 2B3.1(a), May 15, 2025. U.S. Sentencing Guidelines, Probation, Sentence Enhancements/Departures.
- ACLU Sues BOP Over Failure to Implement First Step Act Release Credits, May 1, 2025. U.S. Sentencing Guidelines, First Step Act, Bureau of Prisons (BOP).
- Arkansas Supreme Court Rules § 16-93-609(b)(2)(B), Relating to Parole Eligibility for Residential Burglary Conviction, Applies Retroactively to Defendant, April 15, 2025. U.S. Sentencing Guidelines, Resentencing, Bank Fraud/Robbery/Theft, Probation, Parole & Supervised Release, Eligibility for Parole.
- Virginia Parole Board Skirts New Transparency Rules, Governor Walks Back Expanded Sentence Credits—Again, March 1, 2025. Local Rules, U.S. Sentencing Guidelines, Probation, Parole & Supervised Release, Credits.
- 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.
