Illegal Sentence

US v. Watson, No. 06-3012 (D.C. Cir. February 23, 2007)

Sentence for being a felon in possession of a firearm and of possession of marijuana is reversed where the district court plainly erred in thinking the statutory maximum to which defendant could be sentenced was 20 years, when in fact it was 10 years.
http://caselaw.lp.findlaw.com/data2/circs/dc/063012b.pdf

FBI INFORMANT DIRTY COP

Valdes v. US, No. 03-3066 (D.C. Cir. February 09, 2007)
In case where undercover FBI informant gave cash to defendant detective as a reward for searching police databases to supply otherwise publicly available information to the informant, conviction for receiving an illegal gratuity for or because of an official act is reversed as the government failed to show that the acts for which defendant received compensation fell within the scope of 18 U.S.C. section 201(c)(1)(B) and the court's jury charge was error. http://caselaw.lp.findlaw.com/data2/circs/dc/033066b.pdf

guilty plea vacated

US v. Pickett, No. 05-3179 (D.C. Cir. February 13, 2007)

Sentence based on guilty plea to distributing more than five grams of crack cocaine is vacated as to defendant's sentence where the district court erred in refusing to evaluate whether sentencing defendant in accordance with U.S.S.G. section 2D1.1, and its 100-to-1 ratio, would effectuate the purposes of sentencing set forth in 18 U.S.C. section 3553(a). http://caselaw.lp.findlaw.com/data2/circs/dc/053179a.pdf

US Supreme Court

THE SUPREME COURT INVALIDATES CALIFORNIA'S "DETERMINATE SENTENCING" LAW: PART ONE IN A TWO-PART SERIES ON YET MORE CASES INVOLVING JUDICIAL FACTFINDING IN SENTENCING

U.S. Supreme Court decision invalidating California's "determinate sentencing" law. Amar explains in detail each of the crucial Supreme Court Sixth Amendment sentencing precedents that led to the decision -- each deriving from the key principle that juries, not judges, must find (beyond a reasonable doubt) the facts that determine the length of the sentence imposed in a criminal case. http://writ.lp.findlaw.com/amar/20070202.html Opinionhttp://laws.findlaw.com/us/000/05-6551.html

structural error

US v. Smith-Baltiher, 424 F.3d 913 (9th Cir. 2005)
(defendant was entitled to present defense that he mistakenly believed he was a United States citizen at the time of his attempted entry; 2. exclusion of evidence proffered by defense to challenge his alienage was structural error).

Illegal Traffic Stop

US v. Spinner, No. 05-3160 (D.C. Cir. January 16, 2007)
Denial of motion to suppress, made prior to guilty plea to one count of being a felon in possession of a firearm, is reversed as the police did not have the reasonable suspicion defendant was armed and dangerous necessary to justify their search of his vehicle. http://caselaw.lp.findlaw.com/data2/circs/dc/053160a.pdf

Double Jeopardy

Walck v. Edmondson, No. 05-6273 (10th Cir. January 04, 2007)Grant of a petition for habeas corpus, which ordered dismissal of pending first-degree manslaughter charges against petitioner arising from a traffic accident and enjoined the state from retrying or further prosecuting her for the same incident, is affirmed where: 1) Younger abstention is unwarranted where a criminal accused presents a colorable claim that a forthcoming second state trial will constitute a violation of her double jeopardy rights; 2) 28 U.S.C. section 2241 is the proper avenue by which to challenge pretrial detention, including when such challenges are based on double jeopardy grounds; and 3) under the circumstances, a witness's absence did not give rise to manifest necessity for the mistrial, over petitioner's objection, for double jeopardy purposes. http://laws.lp.findlaw.com/10th/056273.html

Habeass winner ineffective assistance of counsel

US v. Segarra-Rivera, No. 05-1582 (1st Cir. January 11, 2007)
Denial of motions to withdraw a guilty plea and for new counsel is reversed and remanded for an evidentiary hearing where the defendant made a sufficient showing of an actual conflict of interest on the part of his attorney to render his claim colorable and justify further inquiry by the district court. http://laws.lp.findlaw.com/1st/051582.html

allegations" from the indictment, and thus, erroneously reviewed the district court's ruling under

US v. Schuler, No. 05-8067 (10th Cir. November 15, 2006)A petition for rehearing is granted in part where the panel overlooked defendant's pre-trial motion to strike "sentencing enhancement allegations" from the indictment, and thus, erroneously reviewed the district court's ruling under a plain error standard, rather than abuse of discretion standard. Nevertheless, under the proper standard of review, there was no abuse of discretion in a refusal to strike objected-to language from the indictment. http://laws.lp.findlaw.com/getcase/10th/case/058067&exact=1

assualt on a federal officer reversed

US v. Mejia-Canales, No. 05-4218 (10th Cir. November 09, 2006)A sentence for assault on a federal officer is reversed and remanded for resentencing where the district court did not have before it evidence sufficient to support a sentencing enhancement for "bodily injury" inflicted during a scuffle with a police officer. http://laws.lp.findlaw.com/10th/054218.html

erred in refusing to accept guilty plea

US v. Paulette, 457 F.3d 601 (6th Cir. 2006)Dunnigan error (district courts findings insufficient to support offense level enhancement based on defendant’s having made a false statement at trial).

US v. Rea-Beltran, 457 F.3d 695 (7th Cir. 2006)(district court abused is discretion in refusing to accept defendant’s guilty plea).

Howard v. Ukibarri, 457 F.3d 1146 (10th Cir. 2006)(Held that the statute of limitations to file motion for writ of habeas corpus was tolled during pendency of motion for modification of sentence).

no probable cause?

US v. Gaines, 457 F.3d 238 (2nd Cir. 2006)(remand was required to clarify determination on issue of whether police had probable cause to stop livery cab, and; 2. jury instruction prejudiced defendant requiring new trial.

unreasonable application of the standard because the cumulative effect

Goodman v. Bertrand, No. 04-3946 (7th Cir. October 31, 2006)
Denial of petition for writ of habeas corpus is reversed where the state court decision in defendant's appeal was contrary to the ineffective assistance of counsel standard set forth in Strickland v. Washington, 466 U.S. 668 (1984), and an unreasonable application of the standard because the cumulative effect of the defense counsel's errors constituted ineffective assistance of counsel.
http://caselaw.lp.findlaw.com/data2/circs/7th/043946p.pdf

---

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

test

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