Entries by Jeremy Gordon

Fifth Circuit Holds That Sentencing Guidelines Error can Meet Plain Error Analysis

In United States vs. Qunitero,  No. 17-20727 the Fifth Circuit held that an error in the sentencing guidelines could meet the plain error analysis. Quintero pled guilty to illegally re-entering the U.S. He wasoriginally scheduled for sentencing under the 2015 Guidelines, but was delayedto December after the 2016 Guidelines Manual had gone into effect. Quintero […]

The Community Safety and Security Act of 2018: Does It Spell More Trouble for Immigrants in the U.S.?

In the Wake of Dimaya, Congress Creates a Sweeping Definition of a “Crime of Violence” A recent op-ed in the New York Times characterizes the ideology of “America First” as having three pillars – isolationism, protectionism, and restricting immigration. The third pillar is on full display in Congress’s new bill in response to the United […]

SIXTH CIRCUIT FINDS CORRECTED SENTENCE ILLEGAL AND UNREASONABLE

SIXTH CIRCUIT FINDS CORRECTED SENTENCE ILLEGAL AND UNREASONABLE United States vs. Nichols, No. 17-5580 Nichols was convicted for felon in possession of a firearm in 2004. While the maximum for that offense is ten years imprisonment, he was enhanced under the Armed Career Criminal Act and received a sentence of 288 months. While in prison, […]