Contact Us

Category: Blog

From case law developments to perspectives to news, you'll find it here.

May 10, 2018
Fifth Circuit Vacates Sentence Enhancement Under 16(b) Because of Dimaya

United States of America v. Jose Prisciliano Gracia-Cantu, No. 15-40227, 2018 WL 2068684 Gracia-Cantu pled guilty to being an alien unlawfully present in the United States after previously being deported. He also had a prior conviction for Assault Family Violence under Texas Penal Code 22.01(a)(1) and 22.01(b)(2). The presentence report recommended an eight level increase […]

Read More
May 10, 2018
Seventh Court Remands Case for Failure to Bring Defendant to Court for Plea

United States v. Bethea, Seventh Circuit, No. 17-3468, 2018 WL 1959638 Bethea was charged with using fraudulently obtained credit cards to purchase merchandise at retailers. He had a combined guilty plea and sentencing hearing. The judge was in his courtroom in Madison, WI. Bethea was in Milwaukee because of his health issues and limited mobility. The […]

Read More
May 10, 2018
Eleventh Circuit Reverses for Failure to Hold Evidentiary Hearing on 2255

McCalla pled guilty to conspiracy to possess at least five kilograms of cocaine with intent to distribute. The Mandatory minimum, in that case, was ten years. His range of punishment was 136 to 168 months. He was sentenced to 126 moths and the court found that a sentence below the advisory guideline range would be sufficient […]

Read More
May 10, 2018
Tenth Circuit Reverses Drug Conviction Based on Miscalculation

The Tenth Circuit recently reversed in United States v. Dahda. Dahda was convicted on a drug conspiracy for over 1,000 kilograms or more of marijuana. On appeal, Dahda alleged seven grounds for relief, including that the district court erred in applying Dahda’s base offense level by miscalculating the amount of marijuana attributed to Dahda. While […]

Read More
May 10, 2018
Ninth Circuit Vacates Conviction Based on Constructive Amendment

In United States v. Ricky Davis, the Ninth Circuit Court of Appeals vacated and remanded a conviction for attempted sex trafficking of a minor. The defendant was accused of brining a minor to his house and discussing the possibility of the minor making money by going on dates, taking photos and assisting her in getting […]

Read More
May 10, 2018
Ninth Circuit Remands Case for Unconstitutionally Vague Supervised Release Conditions

In United States v. Evans, Nos. 16-10310, 16-10311, the Ninth Circuit vacated terms of supervised release handed down by the Northern District of California because they were unconstitutionally vague. Evans was charged with a probation violation as well as felon in possession of a firearm and ammunition. Evans was sentenced to two years for the […]

Read More
May 10, 2018
Fourth Circuit Announces New Savings Clause Test in United States v. Wheeler

United States v. Wheeler, __F.3d__, 2018 WL 1514418 (4th Cir. 2018) The Fourth Circuit recently handed down a very important and precedential decision on the applicability of the savings clause to the legality of a petitioner’s sentence. Appellant Gerald Wheeler was charged in the United States District Court for the Western District of North Carolina […]

Read More
May 10, 2018
Eleventh Circuit Vacates Sentence So Defendant Can Get Benefit of Time Served in Federal Institution

In United States v. Jacinto-Gonzalez, 2018 WL 1378021, the Eleventh Circuit vacated a sentence in order for an inmate to be credited with the time that he spent in a federal facility. Jacinto- Gonzalez was arrested and charged with being in the United States after being previously deported. He pled guilty on June 23 and […]

Read More
May 10, 2018
Third Circuit Vacates Sentence for Plain Error Due to Improper Sentencing Guideline Calculation

In United States v. Bell, 2018 WL 1432956, the Third Circuit vacated an improperly assigned sentence. Bell pled guilty to the offense of felon in possession of a firearm. He was enhanced at sentencing due to the ACCA and his priors. Bell’s first ground for appeal, that his priors did not meet the standard for the […]

Read More
April 18, 2018
SCOTUS Affirms Dimaya

The United States Supreme Court decided Dimaya v. Sessions. This case has far-reaching implications for federal inmates.

Read More

Yes, you can win. Contact us today.

Join a long list of people across the United States who've taken their cases to the Law Office of Jeremy Gordon and recieved relief for themselves or a loved one.
Schedule a Free Consultation