Tag: appeal

The Fifth Circuit vacated a sentence based on a gun enhancement that was not clearly explained by the district court.

The Second Circuit considered and rejected a post-sentencing appeal of a sentence after allowing a 2255 motion to be filed because of United States vs. Davis.

In United States vs. Chew, the Ninth Circuit remanded a Fraud Sentence appeal to the District Court for an improper sentencing enhancement.

A New Case Before the Supreme Court:  Shular v. United States When legal conversation touches on the 'categorical approach', there is one federal criminal sentencing statute that has garnered more attention from the United States Supreme Court this term than any other. In fact, the ACCA statute is ‘the gift that keeps on giving’ because […]

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 […]

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 […]

In US vs. Ballard, the Second Circuit vacated and remanded a case for a new trial after prosecutor used improper argument in summation.

McCalla pled guilty to conspiracy to possess at least five kilograms of cocaine with intent to distribute. The Mandatory minimum, in that case, was ten years. His range of punishment was 136 to 168 months. He was sentenced to 126 moths and the court found that a sentence below the advisory guideline range would be sufficient […]

The Tenth Circuit recently reversed in United States v. Dahda. Dahda was convicted on a drug conspiracy for over 1,000 kilograms or more of marijuana. On appeal, Dahda alleged seven grounds for relief, including that the district court erred in applying Dahda’s base offense level by miscalculating the amount of marijuana attributed to Dahda. While […]

In United States v. Evans, Nos. 16-10310, 16-10311, the Ninth Circuit vacated terms of supervised release handed down by the Northern District of California because they were unconstitutionally vague. Evans was charged with a probation violation as well as felon in possession of a firearm and ammunition. Evans was sentenced to two years for the […]