Search for: "IN RE: Crack Cocaine Resentencing"
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1 Nov, 2007 5:22 pm
... went into effect today. Starting today, many offenders sentenced in federal court for crack will receive a sentence about 16 months less
than they would have yesterday. By ... to 1 ratio between powder and crack cocaine penalties has no
rational or scientific basis. (You know you're onto something when even Joe Biden ... regarding departures from the guidelines, could end up with higher sentences if they ask for
resentencing now. The best online resource right now for non-lawyers is Families Against ...
21 Feb, 2008 11:35 pm
... Anthony Ishii signed an order that reduced Candler's concurrent sentences -- for possession of and conspiracy to possess crack
cocaine for distribution -- to the time she's already served. Prosecutors agreed to the early release. Candler is the ... federal district
trying a single judge approach to crack retroactivity How crack retroactivity is being applied in
Massachusetts Notable new resource for those working on crack resentencing Interesting
crack retroactivity letters sent around to judges
7 Aug, 2008 9:56 pm
... that Booker should not be extended and applied to § 3582 resentencings. Randall Atwell had been convicted of possession with intent to distribute and distribution of more
than 50 grams of crack. Although originally sentenced to life imprisonment, Atwell's ... sentence was vacated and he was re-sentenced to
210 months' imprisonment. Thereafter, Amendments 706 and 711 to the guidelines were retroactively adopted to address the disparity between crack and powder cocaine sentences by reducing the crack ...
3 Dec, 2006 12:08 pm
Sal Magluta, the last of the cocaine cowboys, was resentenced Thursday to 195 years in a federal prison. There will be an appeal. I
think The Sal Magluta - Willie Falcon case is one of the most fascinating cocaine cases in South Florida's history. I have been ... of life as
a humbled man who reads the Bible daily. ''I can't change the past, judge,'' he said, as his voice cracked. ``If I could . . . I would. I wake up every morning -- it's a constant
reminder of the errors I have made. You pray, you ...
1 Dec, 2008 9:18 pm
... sentence resulted from the mandatory application of the U.S. Sentencing Guidelines, he is entitled to be resentenced pursuant to U.S. v. Fagans, 406 F.3d 138 (2d ...
Singleton, No. 07-3399 In an appeal from a conviction of distributing five or more grams of crack cocaine, the district court's sentence is reversed and remanded to allow the district ... six aggravators found in this case. Supreme Court of Florida,
November 26, 2008 In Re: Standard Jury Instructions in Criminal Cases - Report No. 2008-01, No ...
4 Sep, 2007 2:47 am
... in denying his motion for a new trial; 8) defendant was entitled to a sentence reduction for acceptance of re s! ponsibility; and 9) defendant was entitled to remand for
resentencing pursuant to US v. Booker. Read more... U.S. 1st Circuit Court of ... , August 27, 2007 US v. Floyd, No. 06-1513 A sentence for
offenses arising from a conspiracy to distribute crack cocaine and cocaine powder is vacated and remanded where the manner by which the district court reduced defendant's prior sentence of 48 ...
3 Mar, 2008 12:13 pm
... invoked by the accused. Grant of habeas relief vacating petitioner's sentence of death, and ordering that he be resentenced to receive a sentence other than death, is
affirmed where the Double Jeopardy Clause bars respondent-warden's claim that, ... evidence; and 3) denying his motion for judgment of acquittal on the ground that the evidence was
insufficient to prove that the cocaine base found in his car was crack cocaine. Supreme Court of Florida, February 28, 2008 State of Florida v. Jenkins, No ...
8 Apr, 2008 9:47 am
... a smaller number of pills actually recovered; 3) denied them the opportunity to personally address the court at their resentencing
hearings; 4) violated Apprendi; 5) failed to apply a reduction to one defendant's base offense level ... determination of the facts. U.S. 7th Circuit Court of Appeals, April 03, 2008 US
v. Taylor, No. 06-4112 Convictions and sentence for distribution of crack cocaine are affirmed where:
1) the erroneous admission of "bad acts" evidence was harmless; 2) other bad acts ...
21 Jul, 2008 9:14 pm
... importation statute. U.S. 2nd Circuit Court of Appeals, July 18, 2008 In re Sims, No. 06-0644 In an inmate's 42 U.S.C. ... b); 2) there was sufficient evidence for the jury
to conclude that the substance at issue was crack cocaine; and 3) a remand for resentencing was appropriate in light of Kimbrough v. US, 128 S. Ct ... gas and thereby injure the victim. .. California Appellate Districts, July 16, 2008 In
re Renfrow, No. C055564 Grant of a petition for a writ of habeas corpus challenging the sentence ...
21 Apr, 2008 11:52 am
... Court of Appeals, April 17, 2008 US v. Bush, No. 07-1307 Sentence for distributing crack cocaine
is remanded for resentencing where it is unclear from the record whether the district court would have imposed a lesser sentence had it ... and
3) it erred by refusing to consider dismissed quantities of crack cocaine in calculating the
sentence. U.S. 9th Circuit Court of Appeals, April 16, 2008 In re: AFI Holding, Inc., No. 06-55033, 06-55070 In bankruptcy proceedings involving a bankrupt company that ...
11 Feb, 2008 8:08 am
... , No. 06-4841 "After waiver of jury trial, conviction by court of conspiracy to distribute crack cocaine, distribution of crack cocaine, and use of a firearm to commit
murder in furtherance of a drug trafficking crime is affirmed over claim ... or having reasonable cause to believe that the chemical would be used to manufacture a controlled substance,
is vacated and remanded for resentencing as federal courts are not authorized by statute to suspend sentences." U.S. 8th Circuit Court of
Appeals, ...
28 Aug, 2008 2:15 pm
... any interest in any of the items seized thus he lack the expectation of privacy required to challenge the seizure of the crack
cocaine and gun; 2) defendant failed to timely appeal magistrate judge's ruling regarding court's decision to ... . A sentence pursuant to a
plea to illegal reentry after deportation for an aggravated felony is reversed and remanded for resentencing before a different judge where: 1)
the government was bound by a plea agreement after defendant's guilty plea was accepted by ...
14 Oct, 2008 3:20 pm
... 08, 2008 US v. Billings, No. 07-2307 Mandatory-minimum life sentence for possessing with the intent to distribute crack cocaine is affirmed where: 1) the government did not improperly withhold a substantial-assistance motion; and 2) the government ... Jackson, No. 0713374
Conviction and sentences for felony drug offenses are affirmed in part, vacated in part, and remanded for resentencing where: 1) jurisdiction
existed over the section 851 notice issue; 2) the district court erred in striking the ...
17 Nov, 2008 6:39 pm
... 13, 2008 US v. Davis, No. 05-2465 A conviction for distributing, and for conspiring to distribute, crack cocaine is reversed in part and remanded as to the conspiracy conviction where: 1) the jury was not instructed properly on how ... support the convictions for
involuntary servitude. However, on cross-appeal, defendant-wife's sentence is remanded for resentencing where it was procedurally unreasonable
because: 1) the evidence supported applying certain enhancements, and the district court failed ...
23 Dec, 2008 8:04 am
... Jersey Law Journal Federal judges across the U.S. have reduced thousands of crack cocaine
sentences this year in a resentencing effort to narrow the disparity between penalties ... versus powder cocaine has driven efforts to revise the law. A report by the U.S. Sentencing Commission shows that since March, courts have handled 17,168 ... Technology
'Bet-the-Company Lobbying' Emerging as New Strategy Legal Times You're familiar with bet-the-company litigation. Now get used to bet-the-company lobbying. ...
4 Aug, 2008 7:06 pm
... No. 07-2608 A conviction for possessing a firearm and ammunition after being convicted of a felony and of distributing crack
cocaine is affirmed over claims of error regarding: 1) a denial of a motion to suppress evidence obtained during a ... . 07-6166 A sentence
pursuant to a plea to drug- and firearm-related offenses is vacated and remanded for resentencing where the government materially breached the
plea agreement by asking the court to sentence defendant in a manner "that will protect society ...
31 Mar 4:21 pm
... to 28 U.S.C. § 2255 to vacate his sentence for possessing with the intent to distribute crack cocaine based upon ineffective assistance of counsel, where defendant's counsel failed to call ... , 2009 WL 707858 (11th Cir., Mar. 19, 2009), and further
reemphasized that, in re-sentencing a defendant under § 3582(c)(2), a district court must leave intact all ... (11th Cir., Mar. 19, 2009) it again affirmed that Booker does not
apply to resentencings under § 3582(c)(2) pursuant to § 1B1.10(b)(1), id. at *1 ...
23 Dec, 2008 2:57 pm
... v. Martinez-Vega, No. 08-1083 Twenty-year sentence for possession of crack cocaine with intent to
distribute is affirmed, despite the fact that the trial court had misinformed ... 17, 2008 People v. Mills, No. 207, 208 In order to qualify for resentencing under the Drug Law Reform Act of 2005, class A-II felony drug ... supervision for a class A-II drug felony conviction, he no longer qualifies for
resentencing for that particular conviction under the Act. Supreme Court of Delaware, December 17, 2008 ...
20 Oct, 2008 6:46 pm
... ratio. . U.S. 2nd Circuit Court of Appeals, October 14, 2008 In re Vincent Basciano, No. 082157 Writ of mandamus seeking judge's recusal ... sentence given in a bank fraud
case, the sentence is vacated and case remanded for resentencing where the district court 1) miscalculated the number of victims under United
States Sentencing ... quantity of crack cocaine present that yielded a base offense level of 36, and
this error was not harmless. Supreme Court of Florida, October 16, 2008 In re: Amendments ...
17 Mar 10:29 am
... 18 U.S.C. § 3553(a) at sentencing and vacated the case and remanded for resentencing, observing that a sentencing court "'need not make
detailed findings with respect to each § ... 3, 2009)). Amendment 706 to the Sentencing Guidelines reduced the offense levels associated with certain crack cocaine offenses. Similarly, in U.S. v. Montgomery, No. 08-12233, 2009 ... was sentenced as a career offender
under U.S.S.G. § 4B1.1, the crack cocaine base offense level played no ultimate role in his sentence,
and ...
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