In Hicks v. United States, No. 11-50608, the Fifth Circuit remanded a sentence where the defendant’s alleged conduct was before the enactment of the Fair Sentencing Act but his sentencing was after the enactment of the Fair Sentencing Act. Hicks was arrested on April 8 and a search revealed 80 grams of crack cocaine. His […]
Day: March 21, 2018
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Sixth Circuit Holds That North Carolina Offense of Shooting Into Building Is Not A Violent Felony For ACCA
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In Higdon v. United States, No. 17-5027, the Sixth Circuit held that an inmate’s prior conviction for discharging a firearm into an occupied structure was not a crime of violence. Higdon pled guilty to being a felon in possession of a firearm. The district court found that Higdon was an Armed Career Criminal based, in […]
Ninth Circuit Vacates Sentence Based on Improper Denial of Acceptance of Responsibility Point
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In United States v. Knight, No. 16-10404, the Ninth Circuit vacated a sentence after the government failed to recommend a third point off the defendant’s acceptance of responsibility point. Knight originally pled not guilty and asked to extend his trial date. Knight also filed a motion to suppress evidence which was denied. Knight then asked […]
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