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Category: Blog

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

November 9, 2018
Hobbs Act Robbery NOT Proper Enhance for Career Offender

In United States vs Desmond Camp, Sixth Circuit held that a Hobbs Act Robbery was not a proper enhancement for Career Offender.

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September 28, 2018
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 […]

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August 15, 2018
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, […]

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July 2, 2018
Supreme Court: Automobile Exception Does Not Apply to Curtilage: Collins

Collins vs. Virginia, 584 U. S. ____ (2018), No. 16–1027. The Supreme Court handed down an important search and seizure case in Collins.   Officers from the Albemarle County Police Department observed the same motorcycle driver commit a traffic infraction in two separate incidents.  In both situations, the cyclist got away from the officers. In both […]

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July 2, 2018
Sentencing Under Guideline Ranges Upheld in Supreme Court

The petitioners in Koons v. United States had committed crimes that invoked the use of the mandatory minimums. through the guideline ranges.

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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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