US v. Gibbs, No. 06-1916
Treating U.S.S.G. section 5G1.3(c) as leaving the district court without discretion to impose a federal sentence concurrent or partially concurrent with an undischarged term of state imprisonment is reversible error requiring a remand for resentenci
Showing posts with label illegal sentence. Show all posts
Showing posts with label illegal sentence. Show all posts
Thursday, November 01, 2007
no evidence before the district court established that a guilty plea resulting in a predicate state conviction
US v. Rosa, No. 05-3621
A sentence to the statutory mandatory minimum, based on the court's finding that defendant is a violent felon under the Armed Career Criminal Act, is vacated under Shepard v. US, 544 U.S. 13 (2005), where no evidence before the district court established that a guilty plea resulting in a predicate state conviction necessarily admitted and supported a conviction for a crime or act of juvenile delinquency involving the use or carrying of a firearm that would be punishable by imprisonment for a term exceeding one year
A sentence to the statutory mandatory minimum, based on the court's finding that defendant is a violent felon under the Armed Career Criminal Act, is vacated under Shepard v. US, 544 U.S. 13 (2005), where no evidence before the district court established that a guilty plea resulting in a predicate state conviction necessarily admitted and supported a conviction for a crime or act of juvenile delinquency involving the use or carrying of a firearm that would be punishable by imprisonment for a term exceeding one year
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
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
Tuesday, July 24, 2007
district court applied a rebuttable presumption that defendant
US v. Wilms, No. 06-1896
Sentence for bank robbery and attempted bank robbery is vacated and remanded where the district court applied a rebuttable presumption that defendant should have been sentenced within the applicable Guidelines range.
Sentence for bank robbery and attempted bank robbery is vacated and remanded where the district court applied a rebuttable presumption that defendant should have been sentenced within the applicable Guidelines range.
Tuesday, July 17, 2007
ACCA Error
US v. Collier, No. 06-1395
A sentence for being a felon in possession of a firearm is vacated and remanded where the trial court erred in applying an enhancement under the Armed Career Criminals Act (ACCA) as defendant's conviction for prison escape under Mich. Comp. Laws Ann. section 750.193 did not qualify as a "violent felony" under the ACCA.
A sentence for being a felon in possession of a firearm is vacated and remanded where the trial court erred in applying an enhancement under the Armed Career Criminals Act (ACCA) as defendant's conviction for prison escape under Mich. Comp. Laws Ann. section 750.193 did not qualify as a "violent felony" under the ACCA.
Friday, July 13, 2007
trial court erred in applying an enhancement under the Armed Career Criminals Act (ACCA)
US v. Collier, No. 06-1395
A sentence for being a felon in possession of a firearm is vacated and remanded where the trial court erred in applying an enhancement under the Armed Career Criminals Act (ACCA) as defendant's conviction for prison escape under Mich. Comp. Laws Ann. section 750.193 did not qualify as a "violent felony" under the ACCA.
A sentence for being a felon in possession of a firearm is vacated and remanded where the trial court erred in applying an enhancement under the Armed Career Criminals Act (ACCA) as defendant's conviction for prison escape under Mich. Comp. Laws Ann. section 750.193 did not qualify as a "violent felony" under the ACCA.
government breached its duty under defendant's plea agreement
US v. VanDam, No. 06-4104
A sentence for a drug trafficking offense is vacated and remanded where: 1) the government breached its duty under defendant's plea agreement by failing to recommend a term of imprisonment at the bottom of the applicable range under the sentencing guidelines; 2) under applicable precedent, it was inappropriate to apply a harmless-error analysis; and 3) defendant was entitled to specific performance before the same judge. Read more
A sentence for a drug trafficking offense is vacated and remanded where: 1) the government breached its duty under defendant's plea agreement by failing to recommend a term of imprisonment at the bottom of the applicable range under the sentencing guidelines; 2) under applicable precedent, it was inappropriate to apply a harmless-error analysis; and 3) defendant was entitled to specific performance before the same judge. Read more
possession of stolen mail is vacated and remanded
US v. Ikechukwu, No. 06-11239
A sentence for possession of stolen mail is vacated and remanded where, although defendant was a courier who regularly transported pieces of United States mail, he was not an employee of the United States Postal Service for purposes of a sentence enhancement under the guidelines
A sentence for possession of stolen mail is vacated and remanded where, although defendant was a courier who regularly transported pieces of United States mail, he was not an employee of the United States Postal Service for purposes of a sentence enhancement under the guidelines
Tuesday, July 10, 2007
US V. FORRESTER
(U.S. 9th Circuit) - Defendants' convictions and sentences for various offenses relating to the operation of a large Ecstasy-manufacturing laboratory are reversed in part as to one defendant where a district court's omission and misstatement with regard to the charge and potential prison term meant that defendant's waiver of his right to counsel was not knowing and intelligent, and that the Sixth Amendment was violated when he was allowed to proceed pro se. The conviction of another defendant is affirmed where the monitoring of his email and Internet activities did not constitute a search for Fourth Amendment
(U.S. 9th Circuit) - Defendants' convictions and sentences for various offenses relating to the operation of a large Ecstasy-manufacturing laboratory are reversed in part as to one defendant where a district court's omission and misstatement with regard to the charge and potential prison term meant that defendant's waiver of his right to counsel was not knowing and intelligent, and that the Sixth Amendment was violated when he was allowed to proceed pro se. The conviction of another defendant is affirmed where the monitoring of his email and Internet activities did not constitute a search for Fourth Amendment
Thursday, June 28, 2007
US v. Spear, No. 06-1296
In a criminal matter involving a defendant who worked as a federal immigration employee responsible for the intake of certain immigration applications, and who kept the accompanying fees but threw the applications in the trash, a sentence for embezzlement of government funds in excess of $1,000 is reversed and remanded where defendant's position lacked the authority and discretion required for the abuse of public trust sentence enhancement
In a criminal matter involving a defendant who worked as a federal immigration employee responsible for the intake of certain immigration applications, and who kept the accompanying fees but threw the applications in the trash, a sentence for embezzlement of government funds in excess of $1,000 is reversed and remanded where defendant's position lacked the authority and discretion required for the abuse of public trust sentence enhancement
Tuesday, June 26, 2007
California burglary not "crime of violence"
US v. Ortega-Gonzaga, No. 06-40493
A sentence for reentering the U.S. following deportation is vacated and remanded pursuant to a claim that the district court erred in concluding that defendant's previous California conviction for burglary, Cal. Penal Code section 459, was a "crime of violence" under the sentencing guidelines.
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