Plea deal prevents reduction of crack cocaine sentence 
Published: December 22, 2011
Tags: cocaine, retroactivity, sentencing, sentencing guidelines
The terms of a drug defendant’s plea deal prevented the reduction of his sentence under a retroactive application of amended guidelines for crack cocaine offenses, the 1st Circuit has ruled in affirming judgment.
New career offender standards retroactive
Published: December 8, 2011
Tags: Armed Career Criminal Act, retroactive, sentencing
A defendant convicted of bank robbery in 2003 should have had his sentence reduced because his career offender status was illegal in light of subsequent U.S. Supreme Court decisions, the 7th Circuit has ruled in reversing judgment.
Defendant’s burglary convictions qualify as ‘violent’ felonies
Published: December 2, 2011
Tags: Armed Career Criminal Act, sentencing
A defendant’s convictions for breaking and entering under a state’s non-generic burglary statute qualified as violent felonies under the Armed Career Criminal Act, the 4th Circuit has ruled.
Citation does not qualify as arrest for sentencing purposes
Published: December 1, 2011
Tags: sentencing, sentencing guidelines
The mere issuance of a citation, even if considered an arrest under state law, is insufficient to constitute an “arrest” under the U.S. Sentencing Guidelines, the en banc 9th Circuit has ruled.
SENTENCING
Published: November 29, 2011
Tags: crack, Fair Sentencing Act of 2010, powder cocaine, sentencing
Does the Fair Sentencing Act, which reduces the disparity in sentencing between crack and powder cocaine offenses, apply to all defendants sentenced after the statute’s enactment, even if the offense occurred before that date?
See “Does Fair Sentencing Act apply retroactively?”
U.S. Supreme Court. Hill v. U.S., No. 11-5721
» Continue Reading.
Justices to decide if Fair Sentencing Act is retroactive
Published: November 29, 2011
Tags: crack, Fair Sentencing Act of 2010, powder cocaine, sentencing
The U.S. Supreme Court has agreed to decide whether the Fair Sentencing Act of 2010, which reduces the disparity in sentencing between crack and powder cocaine offenses, applies retroactively.
Indecent liberties convictions aren’t ‘violent felonies’
Published: October 14, 2011
Tags: Armed Career Criminal Act, sentencing
A defendant was not subject to the federal sentence enhancement for “violent felonies” based on three prior state convictions for taking indecent liberties with a child, the en banc 4th Circuit has ruled in reversing judgment.
State marijuana crime didn’t enhance drug sentence
Published: August 22, 2011
Tags: Controlled Substances Act, marijuana, sentencing
A prior state conviction for possession of marijuana did not trigger the enhancement of a drug trafficking sentence under federal guidelines, the en banc 4th Circuit has ruled in reversing judgment.
Sex offender gets prison credit for supervised probation
Published: August 15, 2011
Tags: probation, sentencing, sex offender
A convicted criminal can receive credit against his prison sentence for time spent living at home under supervised probation wearing an electronic monitoring device, the Iowa Supreme Court has ruled.
Sentences imposed after Fair Sentencing Act retroactive
Published: August 12, 2011
Tags: Anti-Drug Abuse Act, crack cocaine, Fair Sentencing Act, retroactivity, sentencing
Lower mandatory minimum prison sentences imposed by the Fair Sentencing Act of 2010 apply retroactively to defendants who committed their crimes before the Act became law, but who were sentenced afterwards, the 3rd Circuit has ruled.
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