In Cuthbertson, the 10th circuit reversed the denial of a 2255 based on an enhanced sentence due to a prior Hobbs Act Robbery Conviction. Several courts have made decisions surrounding Hobbs Act Robbery. The cumulative effects of these decisions are the curtailing of Hobbs Act Robberies being used to enhance sentencing in some courts. Cuthberston's […]
Tag: 2255
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Ninth Circuit Reverses 2255 Denial for An Evidentiary Hearing: Kallas
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In Kallas, the Ninth Circuit reversed the denial of a 2255 motion to vacate without holding an evidentiary hearing. Read more here.
What Does United States v. Davis Actually Mean?
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Given that some courts have begun to apply the Davis decision retroactively, this article will answer some basic questions about the application of the recent Court decision.
Crime of Violence: United States v. Davis
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Supreme Court found that the federal definition of a “crime of violence” contained in 18 U.S.C. § 924(c), which that imposes substantial prison time for defendants who commit a crime with a firearm, is too vague to be enforced.
United States vs. Davis: A Primer
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While this is great news for many, I know that a lot of you have plenty of questions about Davis. I want to take this opportunity to discuss what exactly the holding in Davis means, how we got here, and what it might mean for your individual case.
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