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High Court holds federal courts have discretion to order consecutive state, federal sentences 

Published: March 28, 2012

Tags: sentencing, Sentencing Reform Act

A U.S. District Court has the authority to order that a federal criminal sentence run consecutively to an anticipated state sentence that has yet to be imposed, the U.S. Supreme Court has ruled.

SENTENCING 

Published: March 28, 2012

Tags: sentencing

A U.S. District Court has the authority to order that a federal criminal sentence run consecutively to an anticipated state sentence that has yet to be imposed.

See “High Court holds federal courts have discretion to order consecutive state, federal sentences.”

U.S. Supreme Court. Setser v. U.S., No. 10-7387. March 28, 2012. Lawyers USA No. 993-3675.

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
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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.