In United States vs. Hardwick, the Third Circuit remanded the denial of a FIRST STEP Act reduction to the district court.
Tag: drug crimes
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Plain Error Found by 6th Circuit Regarding Fake News
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6th Circuit finds plain error in case of Fleming and use of inaccurate news article. Case was vacated and remanded for resentencing.
Eleventh Circuit Reverses for Failure to Hold Evidentiary Hearing on 2255
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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 […]
Tenth Circuit Reverses Drug Conviction Based on Miscalculation
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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 […]
Fourth Circuit Announces New Savings Clause Test in United States v. Wheeler
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United States v. Wheeler, __F.3d__, 2018 WL 1514418 (4th Cir. 2018) The Fourth Circuit recently handed down a very important and precedential decision on the applicability of the savings clause to the legality of a petitioner’s sentence. Appellant Gerald Wheeler was charged in the United States District Court for the Western District of North Carolina […]
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