Search for: "IN RE: Crack Cocaine Resentencing"
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1 Nov, 2007 5:22 pm by Jeralyn
... 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 ...
TalkLeft: The Politics of Crime - http://talkleft.com
21 Feb, 2008 11:35 pm by Doug B.
... 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
Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
7 Aug, 2008 9:56 pm by Doug B.
... 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 ...
Sentencing Law and Policy - http://sentencing.typepad.com/sentencing_law_and_policy/
3 Dec, 2006 12:08 pm by Jeralyn
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 ...
TalkLeft: The Politics of Crime - http://talkleft.com
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 ...
Criminal Law Library Blog - http://www.criminallawlibraryblog.com/
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 ...
New York Supreme Court Criminal Term Library Blog - http://www.bloglines.com/blog/PLL
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 ...
Criminal Law Library Blog - http://www.criminallawlibraryblog.com/
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 ...
Criminal Law Library Blog - http://www.criminallawlibraryblog.com/
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 ...
Criminal Law Library Blog - http://www.criminallawlibraryblog.com/
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 ...
Criminal Law Library Blog - http://www.criminallawlibraryblog.com/
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, ...
Criminal Law Library Blog - http://www.criminallawlibraryblog.com/
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 ...
Criminal Law Library Blog - http://www.criminallawlibraryblog.com/
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 ...
Criminal Law Library Blog - http://www.criminallawlibraryblog.com/
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 ...
Criminal Law Library Blog - http://www.criminallawlibraryblog.com/
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. ...
New York Supreme Court Criminal Term Library Blog - http://www.bloglines.com/blog/PLL
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 ...
Criminal Law Library Blog - http://www.criminallawlibraryblog.com/
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 ...
Federal Criminal Defense Blog - http://www.federalcriminaldefenseblog.com/
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 ...
Criminal Law Library Blog - http://www.criminallawlibraryblog.com/
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 ...
Criminal Law Library Blog - http://www.criminallawlibraryblog.com/
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 ...
Federal Criminal Defense Blog - http://www.federalcriminaldefenseblog.com/
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