by David M. Reutter
The United States Sentencing Commission (“Commission”) adopted nine amendments to the Federal Sentencing Guidelines (“Guidelines”) that became effective on November 1, 2023. It’s the first action by the Commission since it lost a quorum in early 2019. After it regained a quorum in 2022, the Commission ...
by David M. Reutter
The U.S. Court of Appeals for the Second Circuit vacated a defendant’s conviction because the required mens rea for concealment money launderingwas not supported by the evidence or plea record. The sentences for both counts at plea were also vacated.
The facts of the case showed ...
by David M. Reutter
The Supreme Court of Oregon held that “attempted transfer” does not apply “to a person who possesses a large quantity of a controlled substance and takes steps consistent with an intent to transfer it in the future but who has not yet made any effort to ...
by David M. Reutter
The U.S. Court of Appeals for the Sixth Circuit held a District Court commits “procedural error by failing to appreciate the scope of its discretion” and by indicating that policy “disagreements are not a proper basis to vary” from the Sentencing Guidelines. The Court also found ...
by David M. Reutter
This Paper “is the first to provide an in-depth analysis of the role criminal court administrators have played in the shift from criminal courts as sites of adjudication to criminal courts as sites of social control,” contributes to the conversations “about the failure of criminal courts ...
by David M. Reutter
The Supreme Judicial Court of Maine concluded a post-conviction review (“PCR”) court misconstrued aspects of relevant law concerning a claim that counsel’s failure to assert the right to a speedy trial constituted ineffective assistance of counsel.
The Court’s opinion was issued in an appeal brought by ...
by David M. Reutter
The Supreme Court of Michigan held that a guilty plea cannot be understandingly or knowingly entered into when it was, in significant part, induced on the basis of an inaccurate understanding of the minimum and maximum possible prison sentence. It was error, therefore, to deny ...
by David M. Reutter
While a conversation on police brutality and misconduct can evolve into a heated debate, one thing no one argues about is whether or not it occurs, for there is general acceptance that it does. Scholars have produced literature that contributes to the conversation of whether financial ...
by David M. Reutter
On July 7, 2023, the U.S. Court of Appeals for the Third Circuit, in a precedential ruling, ordered a defendant to be resentenced after it found there was insufficient evidence to support a conviction for possession with intent to distribute 500 grams or more of cocaine ...
by David M. Reutter
The Court of Appeal of California, Second Appellate District, vacated a defendant’s conviction after finding the immigration consequences were not understood when he entered a plea of no contest to a domestic violence charge, which was an aggravated felony under federal immigration law that required deportation.
The Court’s opinion was issued in connection with Cesar Alfredo Villalba’s appeal of the denial of his motion brought pursuant to Penal Code § 1473.7(a). Villalba was charged on January 26, 2017, by felony complaint with inflicting corporal injury on his spouse. The complaint also alleged great bodily injury on the victim. Villalba waived a preliminary hearing on April 26, 2017, and negotiated a plea agreement that provided for the no contest plea in return for the striking of the great bodily injury allegation and a suspended sentence conditioned upon 365 days in county jail, five years felony probation, a protective order, and 52 weeks of domestic violence classes and fines.
After assuring Villalba understood the terms and conditions, the trial court said, “I don’t know if this applies to you or not. I don’t need to know. I just need to advise you that if you’re not a citizen ...
