Search for: "Florida Rules of Criminal Procedure Re: Sentencing Guidelines" Results 1 - 20 of 66
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1 Dec 2023, 12:30 pm by John Ross
" And in additional en banc news, the Eleventh Circuit will reconsider its decision granting resentencing to a Florida man on the grounds that the district judge who revoked his parole for a federal wire-fraud conviction failed to adequately explain why he sentenced the man to 20 years instead of the guidelines recommended 12-18 months. [read post]
10 Aug 2023, 10:55 am by Michael Lowe
  From the Commission:  This definition reflects the long-standing and carefully crafted criminal history rules set forth in Chapter Four regarding which prior convictions count for criminal history purposes and which do not. [read post]
7 May 2021, 12:30 pm by John Ross
Fifth Circuit (2019): The district court wrongly held that the sentencing guidelines' terrorism enhancement did not apply. [read post]
27 Aug 2020, 12:23 pm by Alicia Maule
  In 2014, the Florida Supreme Court adopted a rule of criminal procedure requiring the prosecution to disclose impeachment evidence on jailhouse informants within 15 days of the defense requesting discovery materials. [read post]
13 Mar 2020, 12:30 pm by John Ross
Under federal sentencing guidelines, certain prior offenses cannot be counted in the calculation of an individual's criminal history score. [read post]
18 May 2018, 8:02 am by John Elwood
Circuit’s 2-1 ruling granting the IFC immunity over the concurrence (really, dissent) of Judge Cornelia Pillard. [read post]
6 Apr 2018, 1:21 pm by John Elwood
United States, in which the Supreme Court invalidated the Armed Career Criminal Act’s residual clause as unconstitutionally vague, identical language in the residual clause of the previously-mandatory sentencing guidelines is likewise unconstitutional. [read post]
29 Mar 2018, 7:01 am by John Elwood
United States, which depended heavily upon the distinction between advisory and mandatory sentencing schemes, the residual clause of the mandatory sentencing guidelines is unconstitutionally vague. [read post]
23 Feb 2018, 4:07 am by Edith Roberts
” After issuing decisions, the justices heard oral arguments in two criminal-procedure cases. [read post]
21 Feb 2018, 3:33 am by Edith Roberts
Sentencing Guidelines should be corrected on plain-error review. [read post]
15 Feb 2018, 4:41 pm by Cynthia Marcotte Stamer
Because HIPAA Privacy Rule criminal violations are Class A Misdemeanors or felonies, Covered Entities and business associates should include HIPAA compliance in their Federal Sentencing Guideline Compliance Programs and practices and need to be concerned both about criminal exposure for their own direct violations, as well as imputed organizational liability for violations committed by their employees or agents under the Federal Sentencing… [read post]
27 Jun 2017, 1:48 pm by Brianne Gorod
” In that case, a state habeas court had ruled that Bobby Moore could not be sentenced to death because he was intellectually disabled, but the Texas Court of Criminal Appeals concluded that the habeas court had “erroneously employed intellectual-disability guides currently used in the medical community rather than the 1992 guides adopted by the CCA in [a prior case]. [read post]
10 Jan 2017, 12:35 pm by Kevin Russell and Charles Davis
The panel also reversed the district court’s decision to give one of the defendants a 208-month-below-guidelines sentence. [read post]
17 Jun 2016, 12:00 pm by John Elwood
We’re accepting wagers on what the Court will do with these two rehearing petitions at the fast-approaching end of the Term. [read post]
10 Jun 2016, 9:32 am by John Elwood
Florida and Atkins v. [read post]