Search for: "Florida Rules of Criminal Procedure Re: Sentencing Guidelines"
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31 Dec 2009, 4:40 pm
Criminal Procedure Criminal Law Habeas Corpus Criminal Procedure ------- Title: Maryland v. [read post]
10 Aug 2023, 10:55 am
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]
20 Oct 2008, 6:46 pm
U.S., to reject the Guidelines' crack-to-powder cocaine sentencing ratio. . [read post]
1 Feb 2016, 12:06 pm
How about showing a basic understanding of the Rules of Criminal Procedure. [read post]
26 Nov 2012, 12:30 am
It continually astounds us how appellate courts twist themselves to avoid making major criminal procedure decisions retroactive. [read post]
15 Oct 2015, 5:56 am
My usual example is the Federal Sentencing Guidelines, when the Mistretta decision made them mandatory after every other court held them unconstitutional. [read post]
14 Aug 2011, 2:05 pm
Motion for Post-Conviction Relief under Florida Rule of Criminal Procedure 3.850 which must normally be filed within two years of the sentencing or the conviction being affirmed on appeal whichever occurred later. [read post]
3 Nov 2008, 7:03 pm
Jackson, No. 07-2421 Sentence for being a felon in possession of a firearm is affirmed over objections regarding: 1) failure to adhere to established policy in imposing an above-guidelines sentence; 2) the assessment of defendant's criminal history; 3) the weight given to unpaid traffic fines; and 4) failure to fully consider defendant's youth and borderline intellectual functioning. [read post]
1 Dec 2008, 9:18 pm
Sentencing Guidelines, he is entitled to be resentenced pursuant to U.S. v. [read post]
21 Feb 2018, 3:33 am
Sentencing Guidelines should be corrected on plain-error review. [read post]
11 Mar 2008, 8:46 am
Ct. 558 (2007), whether the district court would have imposed a non-Guidelines sentence had it been aware that "the cocaine Guidelines, like all other Guidelines, are advisory only," and that it therefore had discretion to deviate from the Guidelines where necessary to serve the objectives of sentencing under 18 U.S.C. section 3553(a). . [read post]
3 Mar 2008, 12:13 pm
Alexander, No. 06-1867 A sentence for sexual abuse of a minor is vacated and remanded where the district court plainly erred in failing to provide notice of an upward variance as required by Federal Rule of Criminal Procedure 32(h). [read post]
9 Sep 2008, 2:25 pm
Hernandez, No. 071828 In criminal defendant's objection to two-point sentencing enhancement, sentence including period of criminal supervision for conspiracy to distribute heroin is affirmed where: 1) defendant "committed the instant offense while under a[] criminal justice sentence," USSG section 4A1.1(d); and 2) the district court appropriately elevated his criminal history score by two points on that account. [read post]
13 May 2008, 1:35 pm
Orsburn, No. 07-2584, 07-2585 Convictions for mail fraud are affirmed, but the sentences vacated and the case remanded for re-sentencing where the trial court applied the wrong Guidelines sentence when it concluded that embezzling money from the government fell under section 2C1.1 of the Guidelines which covers frauds that incl [read post]
26 Jan 2010, 1:26 pm
Gillis, No. 07-3754 District court's imposition of a sentence of 262 months' imprisonment followed by six years of supervised release on a defendant convicted of possession and sale of crack cocaine within 1000 feet of a public school is affirmed in part and reversed in part and remanded where: 1) the government has not met its burden of showing that an error by the district court was harmless because it cannot be concluded that the court would have imposed the same… [read post]
26 Jan 2010, 1:26 pm
Gillis, No. 07-3754 District court's imposition of a sentence of 262 months' imprisonment followed by six years of supervised release on a defendant convicted of possession and sale of crack cocaine within 1000 feet of a public school is affirmed in part and reversed in part and remanded where: 1) the government has not met its burden of showing that an error by the district court was harmless because it cannot be concluded that the court would have imposed the same sentence had it… [read post]
14 Apr 2008, 11:34 am
Bonilla, No. 06-40894 A sentence for being unlawfully present in the United States after deportation is affirmed where: 1) although the district court erred in applying a sixteen-level crime-of-violence enhancement based on defendant's conviction for attempted manslaughter under New York Penal Law section 125.15; 2) nevertheless, because the district court imposed an alternative non-guideline sentence, the advisory sentence did not result from the… [read post]
17 Nov 2008, 6:39 pm
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 to make findings sufficient to justify its refusal to ! [read post]
10 Jun 2008, 2:36 pm
Rowan, No. 05-30536 On remand from the Supreme Court of the United States, a 60-month sentence of supervised release following a conviction for possession of child pornography is affirmed where: 1) defendant's sentence is a non-Guideline sentence since it falls outside the applicable range and was not based on an allowed departure; but 2) in light of the deferential standard set forth in Gall, there was no significant procedural error in the… [read post]
18 Aug 2015, 5:26 am
Because they were improperly sentenced or because they're legally or factually innocent or just because Fuck you? [read post]
