The Ninth and Eleventh Circuits came to a Circuit Split on the application of the Safety Valve.
Category: Sentencing
The District Court Judge did not sufficiently explain why the obstruction enhancement was warranted.
The goal of this interim step is to ensure that decisions about charging, plea agreements, and advocacy at sentencing are based on the merits of each case.
In United States vs. Hardwick, the Third Circuit remanded the denial of a FIRST STEP Act reduction to the district court.
6th Circuit finds plain error in case of Fleming and use of inaccurate news article. Case was vacated and remanded for resentencing.
In US vs. Ballard, the Second Circuit vacated and remanded a case for a new trial after prosecutor used improper argument in summation.
The Ninth Circuit in United States v. Ocampo-Estrada has vacated a 20-year mandatory minimum sentence with no prior drug offense.