Category: Blog

The Ninth Circuit in United States v. Ocampo-Estrada has vacated a 20-year mandatory minimum sentence with no prior drug offense.

In United States vs. Shepherd, No. 15-50991, the Fifth Circuit reversed the district court’s denial of a 2255 motion based on failure to properly investigate a claim. Shepherd was charged with Indecent Exposure to a Minor (Count One), a class six felony in Arizona; and Public Sexual Indecency to a minor,  [“to a minor” is […]

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 […]

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 […]

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 […]

In United States v. O'Connor, No. 16-3300, the Tenth Circuit found that Hobbs Act robbery was not a "crime of violence" under the Sentencing Guidelines. O’Connor pled guilty to being a felon in possession of a firearm without a plea agreement. The presentence report indicated that O’Connor’s base offense level should be 20 based on […]

In United States v. Suarez, No. 16-41267, the Fifth Circuit remanded a sentence back to the District Court for failing to properly charge the jury in a case where a mandatory minimum was at issue. Suarez was found with meth, drug-distributing items, a .380 pistol and a Winchester sawed-off shotgun that was disassembled with a […]

The U.S. Supreme Court will decide on Dimaya and determine of the issue of deportation is unconstitutionally void for vagueness.