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SENTENCING 

By: Kimberly Atkins
Published: November 15, 2010

Tags: criminal, mandatory minimum, sentencing, Supreme Court

A mandatory minimum 5-year consecutive sentence for using a gun during a felony cannot be avoided because it was tacked onto another mandatory minimum sentence.

See “Court upholds sentence boost for felony firearm use”

U.S. Supreme Court. Abbott v. U.S. and Could v. U.S., consolidated. No. 09-479. Nov.
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Court upholds sentence boost for felony firearm use 

By: Kimberly Atkins
Published: November 15, 2010

Tags: criminal, mandatory minimum, sentencing, Supreme Court

A mandatory minimum sentence for using a gun during a felony cannot be avoided because it was tacked on to another mandatory minimum sentence, the U.S. Supreme Court has ruled.

Is lawyer who failed to suppress confession ineffective? 

By: Kimberly Atkins
Published: October 12, 2010

Tags: criminal, ineffective assistance of counsel, Supreme Court

WASHINGTON – The U.S. Supreme Court is set to decide whether an attorney’s failure to file a motion to suppress a confession his client claims was coerced can be the basis of a post-conviction challenge under Strickland v. Washington.

Court takes up ineffective assistance case 

By: Kimberly Atkins
Published: October 12, 2010

Tags: criminal, ineffective assistance of counsel, Supreme Court

WASHINGTON – The Supreme Court heard oral arguments Tuesday in a case that considers whether a lawyer ineffectively assisted a murder defendant by failing to get an expert to investigate blood evidence from the scene of a shooting.

CRIMINAL 

By: Nora Tooher
Published: October 12, 2010

Tags: criminal

Does the term “cocaine base” encompass every form of cocaine that is classified chemically as a base, or is the term “cocaine base” is limited to “crack” cocaine?

High Court takes up exception to sentencing enhancement statute 

By: Kimberly Atkins
Published: October 5, 2010

Tags: Armed Career Criminal Act, criminal, sentencing, Supreme Court, §924(c)

WASHINGTON – The U.S. Supreme Court took up a case Monday that considers whether jail time should run consecutively or concurrently under a sentence-enhancing law criminalizing the use or carrying of a firearm in the commission of a crime of violence or drug trafficking.

Court to rule in sentence reduction case 

By: Kimberly Atkins
Published: July 1, 2010

Tags: criminal, sentencing guidelines

The U.S. Supreme Court will decide whether a court may consider post-sentencing rehabilitation as a factor in determining whether to lower a prison sentence under federal sentencing guidelines.

SENTENCING GUIDELINES 

By: Kimberly Atkins
Published: June 28, 2010

Tags: criminal, sentencing guidelines

May a district court consider post-sentencing rehabilitation as a factor in determining whether to lower a prison sentence under federal sentencing guidelines?

See “Court to rule in sentence reduction case“

Pepper v. U.S., No. 08-1196.  Certiorari granted June 28, 2010. Ruling below: 570 F.3d 958 (8th Cir.
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Judges say mandatory minimums too high 

By: Kimberly Atkins
Published: June 16, 2010

Tags: criminal, Federal courts, sentencing guidelines, U.S. Sentencing Commission

WASHINGTON – Most federal trial judges believe mandatory sentences are too long, according to survey results released by the U.S. Sentencing Commission.

INEFFECTIVE ASSISTANCE OF COUNSEL 

By: Kimberly Atkins
Published: March 22, 2010

Tags: criminal, ineffective assistance of counsel

Can an attorney’s failure to file a motion to suppress a confession his client claims was coerced be the basis of a post-conviction challenge under Strickland v. Washington?

Premo v. Moore, No. 09-658. Certiorari granted March 22, 2010. Ruling below: 574 F.3d 1092 (9th Cir. 2009).