Articles Tagged with Sentencing

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It’s a good week for sentencing remands in the federal circuits. To my mind, the most interesting case is United States v. Salgado, where the Eleventh Circuit reversed a district court for considering the person who was being sentenced’s role in the underlying offense that money was laundered in connection with, when the person was sentenced for money laundering. When you’re figuring out the guidelines, the Eleventh Circuit said you can’t do that.

Mr. Salgado was a leader in the drug operation in the case, but he wasn’t a leader in the money laundering. It turns out there’s an application note that says leadership on one offense doesn’t translate into leadership for the other.

To the victories!

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Gentle readers,

The Courts of Appeal have been more diligent in issuing opinions than we’ve been in posting them. Apologies. As those of you who do trial work can understand, sometimes it’s really hard to do anything other than eat and sleep when there are witnesses to prepare for and arguments to make. Alas.

That said, wow, these are a bunch of cases that a scholar of sentencing and supervised release law would love. Enjoy!

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There’s been a lot of action in the federal circuits these first few weeks of the year, and here, in one post we have a lot of it.

One shout out in particular is U.S. v. Aparicio-Soria. The Fourth Circuit weighs in on resisting arrest. Is it always a crime of violence? Surely not, but, well, it takes a while for things to get to that point.

Congratulations Sapna Mirchandani for a nice win!

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It’s generally a slow time of year between Christmas and New Year’s, but the federal circuits have been busy. But who wouldn’t want to start the year with a remand in a criminal case (other than the government)?

Since we were off last week, here are the wins from the last two weeks in the federal circuits.

Happy New Year!

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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:

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It’s a bit of a sleepy week in the circuits, but not too sleepy in the news.

BOP Coverts Danbury to a Men’s Prison

In Slate, Yale law professor Judith Resnik wrote about the problems facing female inmates in the Bureau of Prisons (hat tip to Todd Bussert’s BOP Blog).

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Hiring is always hard, especially in a small office.

You have work that needs to be done. You can’t do it all. Maybe you’re a professional, like a doctor, and some of the work isn’t the best use of your time.

So you hire someone to help. Really, how much do you know about a person as the result of a hiring process? Yet, despite that, you give them responsibility over a portion of your business.

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One would have thought that, with the end of the world predicted for Friday of last week, our nation’s appellate courts would have spent their last week on Earth with family or friends, rather than cranking out wins for folks charged with federal crimes.

Perhaps circuit court judges have access to better science than those who thought that the movie 2012 was a documentary set in the future. Our federal courts of appeal cranked out a whopping 6 victories for people accused of crimes in federal court last week. Perhaps they were simply trying to clear their docket up for more relaxed figgy pudding on Tuesday.

There are some good cases here involving a wide range of federal criminal topics – restitution, gun sentencing, trial sequestration, stalking using a telecommunications device, and civil rights violations. It’s a nice stocking stuffer of law for this slow week.

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Pretty much every federal district judge in the country knows by now that the sentencing guidelines are not mandatory, the guidelines can’t be presumed to be accurate, and that federal district court judges have authority to impose a sentence above, below, or within the sentencing guidelines, applying the factors set out in 18 U.S.C. § 3553(a).

1268685_washington_monument.jpgAnd so just about every federal district judge knows that if he or she says she’s going to give a guidelines sentence, he or she has to also say it’s the sentence that they’d give under § 3553(a).

It’s odd, but in federal court it’s very important that a judge knows what power he has, which is exemplified in the D.C. Circuit’s opinion in United States v. Terrell. If a district judge is going to give a guidelines sentence, he or she has to be clear about whether a lower sentence is even possible.

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The D.C. Circuit, normally an infrequent presence on this blog, has two cases in one week!

One involves Osama bin Laden’s driver and his happy adventures with retroactivity. The was a remand for a judge who thought that a below guidelines sentence is only appropriate when there are “compelling reasons” to go below the guidelines range.

There’s also go action in a Sixth Circuit meth case involving the Fourth Amendment, and a crime of violence case out of the Tenth Circuit.

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