Articles Tagged with Alleyne

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And, after a really long break, we’re back. Apologies. This day job has been very busy lately.

And, of course, if you ever find yourself jonesing for my writing, you can always check out my stuff on Above the Law.

You saw our guest post on Hite last week – it’s a great case that bears a close read.

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It’s been an interesting few weeks in the circuits (and, apologies for the gap in posting – pesky family vacations).

Probably my favorite is United States v. Mergen, about whether an FBI agent’s statements that what the guy charged with a crime was doing were ok and legal were admissible. I tend to think FBI stings that take advantage of how weak the entrapment defense is are one of the more loathsome things our federal government does – any time you can poke holes in that I think it’s a good thing.

Also of note is United States v. Bagdy – there, a guy who spent an inheritance on stuff that wasn’t restitution, instead of restitution, didn’t violate his supervised release conditions. Supervised release can be insane – especially when restitution is in play. Nice work for the Third Circuit in dialing it back.

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It’s a grab bag of victories in the federal circuits for last week. A few sentencing remands – including one based on a loss calculation in a health care fraud case – but the most interesting remand is in the First Circuit’s opinion in United States v. Delgado-Marrero.

To the victories!

1155650_berlin_siegessule.jpg1. United States v. Delgado-Marrero, First Circuit: Delgado-Marrero and Rivera-Claudio were both convicted by a jury of drug and gun charges and sentenced to 15 years in prison. Delgado-Marrero was granted a new trial because the district court erred by excluding testimony of a defense witness. The First Circuit also found error with regard to Rivera-Claudio’s sentence because the district court failed to properly instruct the jury that in answering a post-verdict special question regarding quantity of drugs, they needed to be sure of the quantity beyond a reasonable doubt.