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Articles by Dale Chappell

New Report Shows More Than Half of Wrongful Convictions Involved Misconduct by Police and Prosecutors

Fifth Circuit: Safety Valve Isn’t Up to the Government

 

by Dale Chappell

The U.S. Court of Appeals for the Fifth Circuit held on August 21, 2020, that it’s not up to the Government to determine whether a defendant qualifies for a reduced sentence under the safety valve provisions of 18 U.S.C. § 3553(f). Instead, the Court reminded, it ...

Third Circuit Announces Resentencing Under First Step Act Requires Use of § 3553(a) Factors

by Dale Chappell

The U.S. Court of Appeals for the Third Circuit held on September 15, 2020, that when a district court determines that a person is eligible for sentencing relief under the First Step Act, the court must consider all the applicable sentencing factors under 18 U.S.C. § 3553(a), ...

Second Circuit Announces Compassionate Release Motion by Prisoner Not Constrained by Outdated Guideline § 1B1.13, Application Note 1(D)

by Dale Chappell

The U.S. Court of Appeals for the Second Circuit held on September 25, 2020, that the outdated compassionate release guideline under U.S. Sentencing Guidelines Manual § 1B1.13, Application Note 1(D) (“Application Note 1(D)”), doesn’t control when a compassionate release motion is filed by a federal prisoner, rather ...

Oregon Decriminalizes Heroin, Cocaine, Meth, and Other Drugs

by Dale Chappell

Yes, it’s true: Oregon voted to decriminalize personal possession of recreational drugs, including heroin, cocaine, methamphetamine, and others this past Election Day. It’s an effort to stop “penalizing addiction,” the new law says, and to focus on treatment instead of jail for addicts.

Known on the ballot ...

Attacking the Guilty Plea: Waivers, Breaches, and Getting More Time After a Successful Challenge

Powerful New Tool Reveals Federal Sentencing Problems

The ground-breaking service is a first of its kind and has been an eye-opener about what’s really going on in federal sentencing.

This new tool is called JUSTFAIR ...

Sixth Circuit Finds IAC for Failure to Raise ‘Clearly Foreshadowed’ Change in Law on Appeal

Ninth Circuit: Use of Unconvicted Conduct Too Dissimilar to Charged Offense Violates Due Process

Fifth Circuit Grants Habeas Relief Because Detective’s Testimony of Witness Identification of Defendant Violates Confrontation Clause

 

 

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