violation of the defendant's right to be present at sentencing

U.S. v. Sepulveda-Contreras, No. 04-1409 (1st Cir. October 25, 2006)

Sentence for carjacking is vacated and remanded where: 1) the district court erred in imposing two conditions on defendant for the first time in its written judgment, in violation of the defendant's right to be present at sentencing; and 2) the court abused its discretion by delegating to the probation officer the authority to determine the number of drug tests defendant must undergo while on supervised release. http://laws.lp.findlaw.com/1st/041409.html

Double jeopardy indictment

WINNING FEDERAL CRIMINAL CASES
US v. Olmeda, 461 F.3d 271 (2nd Cir. 2006)(Double jeopardy indictment)

WINNING FEDERAL CRIMINAL CASES: invalid juvinile conviction enhancement

WINNING FEDERAL CRIMINAL CASES: invalid juvinile conviction enhancement

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invalid juvinile conviction enhancement

US v. Huggins, No. 05-4054 (3d Cir. October 20, 2006)

A sentence for drug-related offenses is vacated where the district court improperly enhanced defendant's sentence under 21 U.S.C. section 841(b)(1)(B) by considering a juvenile adjudication of delinquency under Pennsylvania law to be a “prior conviction.” http://caselaw.lp.findlaw.com/data2/circs/3rd/054054p.pdf

constructively amended indictment

US v. Hoover (10/10/06 - No. 05-30564)

A conviction for making a false statement to a federal agent is reversed where the indictment charged defendant with making one false statement, and the jury instructions allowed the jury to convict him for making a different false statement, and thus, the trial court constructively amended defendant's indictment. http://caselaw.lp.findlaw.com/data2/circs/5th/0530564cr0p.pdf

district court erroneously held that a fact that triggers a mandatory minimum sentence must be proved beyond a reasonable doubt.

U.S. v. Malouf, No. 05-2245 (1st Cir. October 13, 2006)

Sentence for drug charges is reversed where the district court erroneously held that a fact that triggers a mandatory minimum sentence must be proved beyond a reasonable doubt. http://laws.lp.findlaw.com/1st/052245.html

U.S. v. Avila, No. 05-1894 (7th Cir. October 13, 2006)Sentence for possession of marijuana with intent to distribute is reversed and remanded where the sentencing judge erroneously held that events described in the presentencing report were part of the same course of conduct, common scheme or plan as the offense of conviction. http://caselaw.lp.findlaw.com/data2/circs/7th/051894p.pdf

Illegal sentence

US v. Fierro-Reyna (09/28/06 - No. 05-51198).

Sentence for guilty plea to illegal reentry after deportation in violation of 8 U.S.C. section 1326, is vacated and remanded because the statutory section under which defendant was convicted prohibits behavior that is not within the generic, contemporary meaning of aggravated assault as it is used in U.S.S.G. section 2L1.2, thus his conviction does not qualify as a crime of violence and his sentence was improperly enhanced by sixteen levels. http://caselaw.lp.findlaw.com/data2/circs/5th/0551198cr0p.pdf