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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Ninth Circuit Vacates Sentence Based on Improper Denial of Acceptance of Responsibility Point Read More
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 […]
Hobbs Act Robbery Not "Crime of Violence" Under Guidelines Read More
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 […]
Fifth Circuit Remands Sentence for Setting a Mandatory Minimum Without Proper Jury Instructions Read More
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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