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.
Fair Sentencing Act applies retroactively
Published: July 7, 2011
Tags: crack cocaine, Fair Sentencing Act, sentencing
The Fair Sentencing Act applied to a defendant who committed crack cocaine offenses before the date of the statute’s enactment, the 11th Circuit has ruled in reversing judgment.
SENTENCING
Published: June 23, 2011
Tags: sentencing
A plea agreement authorizing a particular sentence does not preclude a defendant from later seeking a reduction in his term of imprisonment pursuant to amended guidelines for crack cocaine offenses.
See “Plea agreement doesn’t preclude sentence reduction”
U.S. Supreme Court. » Continue Reading.
Plea agreement doesn’t preclude sentence reduction
Published: June 23, 2011
Tags: cocaine, crack, sentencing
A plea agreement authorizing a particular sentence does not preclude a defendant from later seeking a reduction in his term of imprisonment pursuant to amended guidelines for crack cocaine offenses, the U.S. Supreme Court has ruled in a 5-4 decision.
SENTENCING
Published: June 16, 2011
Tags: sentencing
The Sentencing Reform Act precludes federal courts from imposing or lengthening a prison term in order to promote a criminal defendant’s rehabilitation.
See “Justices: Federal courts can’t hike sentences for rehab.”
U.S. Supreme Court. Tapia v. United States, No. 10-5400. June 16, 2011. Lawyers USA No.
» Continue Reading.
Justices: Federal courts can’t hike sentences for rehab
Published: June 16, 2011
Tags: sentencing
The Sentencing Reform Act precludes federal courts from imposing or lengthening a prison term in order to promote a criminal defendant’s rehabilitation, the U.S. Supreme Court has ruled.
Justices asked if defendant can serve sentences consecutively
Published: June 13, 2011
Tags: sentencing
Can a U.S. District Court order a defendant to serve a federal sentence consecutively to a yet-to-be imposed state sentence?
SENTENCING
Published: June 13, 2011
Tags: sentencing
Can a U.S. District Court order a defendant to serve a federal sentence consecutively to a yet-to-be imposed state sentence?
See “Justices to decide if federal defendant can serve sentences consecutively.”
Setser v. U.S., No. 10-7387. Certiorari granted June 13, 2011. Ruling below: 607 F.3d 128
» Continue Reading.
Court: Fleeing police is violent felony under ACCA
Published: June 9, 2011
Tags: Armed Career Criminal Act, Criminal Law, sentencing, Supreme Court
The felony offense of fleeing police, as proscribed by Indiana law, is a violent felony for purposes of the Armed Career Criminal Act, the U.S. Supreme Court has ruled.
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