Showing posts with label reversible error. Show all posts
Showing posts with label reversible error. Show all posts

Wednesday, August 20, 2008

Speedy trial violation

CRIMINAL LAW & PROCEDURE
US v. Henry , No. 07-4578, 07-4587
Denial of defendants' motions to dismiss their indictment related to marijuana growing is reversed, and their convictions and sentences vacated and remanded where the continuance of trial for 103 days could not be excluded from defendant's speedy trial clock, which caused the total delay in defendant's case to exceed the seventy days allowed by the Speedy Trial Act.

Thursday, November 01, 2007

undischarged term of state imprisonment is reversible error

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