Category: Sentencing

In United States vs. Chappelle, the Second Circuit held that Substantive Hobbs Act Robbery was not a crime of violence for the career offender enhancement. Chappelle's Crime and Sentencing Chappelle was charged in a three-count indictment with conspiracy to distribute narcotics, in violation of 21 U.S.C. 846 and 841, conspiracy to commit Hobbs Act robbery, in […]

Serious drug offense case remanded to be sentenced without the ACCA enhancement. United States v. Jackson, 21-13963 (11th Cir. 2022) Jackson entered a guilty plea to one count of being a felon in possession of a firearm.  This was in violation of 18 U.S.C. 922(g). According to the factual basis in support of his plea, […]

The failure to ask for a downward variance due to a pending deportation when the PSI gave clues to its viability serves as a reminder to all.

The Ninth and Eleventh Circuits came to a Circuit Split on the application of the Safety Valve.

The District Court Judge did not sufficiently explain why the obstruction enhancement was warranted.

The goal of this interim step is to ensure that decisions about charging, plea agreements, and advocacy at sentencing are based on the merits of each case.

In United States vs. Hardwick, the Third Circuit remanded the denial of a FIRST STEP Act reduction to the district court.

6th Circuit finds plain error in case of Fleming and use of inaccurate news article. Case was vacated and remanded for resentencing.

In US vs. Ballard, the Second Circuit vacated and remanded a case for a new trial after prosecutor used improper argument in summation.

The Ninth Circuit in United States v. Ocampo-Estrada has vacated a 20-year mandatory minimum sentence with no prior drug offense.