Congress these days seems to have noticed that we have too many federal criminal laws – which is a good thing (the Congressional notice, less the excessive criminal laws).
Last week, the House Judiciary Committee heard testimony on overcriminalization of regulatory crimes. The Hill has a nice write-up in “Regulation horror stories for Halloween.”
Here’s the intro:
Joyce Kinder was fined $5,000 and sentenced to three years probation for unknowingly catching protected paddlefish in the Ohio River.
Lawrence Lewis was arrested for violating the Clean Water Act after he disposed of sewage from a Washington, D.C., retirement home. He thought it would drain to a water treatment plant, but it instead went into Rock Creek.
Lewis and Kinder are both victims of overenforcement of regulations, according to lawmakers from both parties who say agencies should not threaten to jail people for violating regulations they don’t even know exist.
Next week, the Senate is having a meeting on “Oversight of the Bureau of Prisons and Cost-Effective Strategies for Reducing Recidivism.” It seems that folks have noticed that the Fair Sentencing Act and Holder’s recent announcement about charging policies aren’t actually going to help the folks who are already in prison get out sooner.
Here’s hoping something comes out of these.
To the victories!
1. United States v. Bethea, Second Circuit: Appellant pled guilty to one count of cocaine distribution in 2010 and was sentenced to 80 months’ imprisonment. Although this sentence was outside of the 60-71-month guidelines range and new guidelines would require only a 60-month sentence, Bethea’s motion for sentencing modification was denied. Bethea’s sentence was vacated and the case remanded to the district court to determine the impact of the new guidelines on his sentence.
2. United States v. Hemingway, Fourth Circuit: Appellant pled guilty to being a felon in possession of a firearm and ammunition and was sentenced to 15 years based on a mandatory minimum statute. The judgment was vacated and the case was remanded for sentencing because the mandatory minimum statute is only controlling when certain prior crimes were committed and Hemingway’s prior crimes did not fall within that statute.
3. United States v. McManus, Fourth Circuit: Appellant pled guilty to one count of possession of child pornography and was sentenced to 72 months’ imprisonment. Finding that the district court improperly interpreted statutory language and therefore applied the wrong sentencing enhancement, and that this error was not harmless, McManus’ sentence was vacated and the case remanded for resentencing.
4. United States v. Hashime, Fourth Circuit: Appellant was convicted of multiple counts related to child pornography. His conviction and sentence were reversed because Hashime was in custody, the agents did not read Hashime his Miranda rights, and the statements made by Hashime during that interrogation were not properly suppressed at trial. The case was remanded for further proceedings so the court did not address whether mandatory minimums were appropriate in this case.
5. United States v. Miller, Sixth Circuit: A jury found Appellant guilty of two counts of making false statements to a bank and two counts of aggravated identity theft. The court reversed both aggravated identity theft convictions because Miller did not “use” the identities as required by statute. The court also reversed one of the false statements convictions because the document did not contain false statements as the term is statutorily defined.
6. United States v. Lyons, Seventh Circuit: Lyons appealed his conviction of possession of a firearm as a felon and the imposed 210 month sentence. Although the conviction was affirmed, the case was remanded for resentencing because the district court committed two procedural errors. First, it failed to state the reasons supporting the sentence and, second, the court incorrectly believed it was required to impose a five-year period of supervised release.
7. United States v. Kyle, Ninth Circuit: Appellant pled guilty to aggravated sexual abuse of a child and was sentenced to 450 months’ imprisonment. The guilty plea and sentence were vacated because the district court participated in plea negotiations by prematurely committing itself to a sentence of a specific severity. Because this prejudiced Kyle, the case was remanded with instructions for reassignment to a different judge.