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Category: Blog

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

July 2, 2018
Supreme Court Guidance On 3582 Motions With 11C1C

The Sentencing Reform Act requires a district court to calculate and consider a defendant’s Guidelines range in every case. Hughes v. United States, No. 17–155, 584 U. S. ____ (2018)   Eric Hughes accepted a plea deal in 2013 after being accused of four charges related to drug conspiracy. He pled guilty to conspiracy to […]

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July 2, 2018
Rosales-Mireles: Writ of Certiorari Appeal

In a writ of certiorari to the 5th Circuit Court of Appeals, Rosales-Mireles challenged his guideline range of punishment. 

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July 2, 2018
Plain Error Found by 6th Circuit Regarding Fake News

6th Circuit finds plain error in case of Fleming and use of inaccurate news article. Case was vacated and remanded for resentencing.

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May 11, 2018
Case Vacated and Remanded for Improper Summation

In US vs. Ballard, the Second Circuit vacated and remanded a case for a new trial after prosecutor used improper argument in summation.

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May 11, 2018
Third Circuit Vacates Sentence Based on Plain Error

In United States vs. Aminov. No. 17-1703, the Third Circuit reversed a sentence based on plain error. Aminov was sentenced in 2011 for aiding and abetting in the production of a document without lawful authority. The PSI recommended a Sentencing Guidelines range of 0-6 months instead of the government’s suggested range of 12-16 months. Aminov was […]

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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 […]

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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 […]

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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 […]

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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 […]

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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 […]

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