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Category: Blog

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

March 21, 2018
Fifth Circuit Remands Crack Case for Resentencing Under Fair Sentencing Act

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 […]

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March 21, 2018
Sixth Circuit Holds That North Carolina Offense of Shooting Into Building Is Not A Violent Felony For ACCA

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 […]

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March 21, 2018
Ninth Circuit Vacates Sentence Based on Improper Denial of Acceptance of Responsibility Point

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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March 13, 2018
Hobbs Act Robbery Not "Crime of Violence" Under Guidelines

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 […]

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March 8, 2018
Fifth Circuit Remands Sentence for Setting a Mandatory Minimum Without Proper Jury Instructions

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 […]

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January 4, 2018
Sessions v. Dimaya: Supreme Court, Deportation & Gorsuch

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

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