Showing posts with label conviction vacated. Show all posts
Showing posts with label conviction vacated. Show all posts

Thursday, November 01, 2007

Armed Career Criminal Act vacated

US v. Hollis, No. 06-50784
A sentence under the Armed Career Criminal Act (ACCA) and associated provisions of the U.S.S.G. for being a felon and a fugitive in possession of a firearm is vacated as there was insufficient evidence in the record to show that defendant was represented by counsel or validly waived his right to counsel in proceedings leading to a prior conviction on which the sentence under the ACCA was predicated. Also, the conviction on the felon in possession count is vacated as multiplicitous

Sentence for drug conspiracy is vacated

US v. Milo, No. 06-2185
Sentence for drug conspiracy is vacated and remanded where the sentence lacked the plausible explanation needed for such a significant sentence reduction, despite the court's notice of the defendant's contrition and cooperation

Wednesday, October 10, 2007

21 U.S.C. section 860(a)

US v. Powell, No. 05-3202
Conviction for violating 21 U.S.C. section 860(a), which enhances a sentence for drug offenses occurring within 1000 feet of a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university, is vacated where the government concedes did not present evidence to show that the school near the intersection where the police arrested defendant was of a type covered by section 860(a)