What Is All This Holloway Stuff About?

By Brandon Sample | February 18, 2017

Rumors can get around prison fast. A current hot topic is ” Holloway ” relief. But there are a lot of misconceptions about what “Holloway” is and how a federal prisoner may or may not be able to use it to get a sentence reduction.In 1995 Francois Holloway was convicted of three 18 U.S.C. § 924(c)…

english language, puerto rican,puerto rico, District Court,jones act, Román–Huertas

Jones Act Prevents Enhanced Sentence Based On Spanish Language Document

By Brandon Sample | February 13, 2017

The Jones, Act, 48 U.S.C. § 864, requires that “ all pleadings and proceedings in the United States District Court for the District of Puerto Rico … be conducted in the English language.” Violations of the Jones Act “will constitute reversible error whenever the appellant can demonstrate that the untranslated evidence has the potential to…

ordinance ,miami,sex offenders, Ex Post Facto

Sex Offenders May Challenge Miami Residency Restriction

By Brandon Sample | February 12, 2017

Several sex offenders challenged on Ex Post Facto grounds a Miami ordinance that bans any “person who has been convicted of any one of several enumerated sexual offenses involving a victim under sixteen years of age from ‘residing within 2,500 feet of any school.’” The Eleventh Circuit held that the sex offenders had adequately alleged…

resentencing, sentencing, Yvonne Hall

Resentencing Ordered After Judge Said Defendant “Turned Into A Demon”

By Brandon Sample | February 12, 2017

Yvonne Hall’s supervised release was revoked and sentenced to 36 months imprisonment. Resentencing is now scheduled after Yvonne Hall’s judge made inappropriate religious comments at sentencing.The following exchange between the judge and the defendant took place at sentencing: Have you ever picked up the Bible? Yvonne Hall : Yes, I have. Court: What have you…

florida false imprisonment, crime of violence

Florida False Imprisonment Conviction Not Necessarily “Crime Of Violence”

By Brandon Sample | February 12, 2017

Florida false imprisonment under Florida Statute 787.02 does not categorically satisfy the ACCA’s elements clause,” the Eleventh Circuit recently held. United States v. Driver, No. 14-11555 (11th Cir. 2017). False imprisonment under the statute means “forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful authority and against her or his…

oregon drug delivery, Oregon Revised Statutes

Oregon Drug Delivery Conviction Not A Federal “Controlled Substance Offense” For Career Offender Purposes

By Brandon Sample | February 12, 2017

Oregon drug delivery conviction under Oregon Revised Statutes 475.992(1)(a) is not a “controlled substance offense” under federal law, according to the Ninth Circuit. Sandoval v. Yates, No. 13-71784 (9th Cir. 2017). This is an important case for criminal defendants because of its impact on individuals with career offender enhancements. The court held that Oregon drug delivery…

attorney abandonment, habeas

Attorney Abandonment Claim Remanded For A Hearing

By Brandon Sample | February 12, 2017

Mark Christeson filed a motion to re-open his habeas proceedings under Rule 60(b) arguing that his attorney’s failure to timely submit his 28 U.S.C. § 2254 petition (used by state prisoners but similar to a 2255) constituted attorney abandonment. The abandonment issue was key to resolving whether “extraordinary circumstances” existed to warrant granting Rule 60…

Tanksley ,controlled substance, career offender-texas-drug-prior

Career Offender Enhancement Cannot Be Based On Texas Possession With Intent To Distribute Conviction

By Brandon Sample | February 12, 2017

United States v. Tanksley – Career Offender Enhancement  : Dantana Tanksley was previously convicted in Texas under Section 481.112(a) of the Texas controlled substances act of possessing with intent to distribute a controlled substance. He was later enhanced as a career offender under federal sentencing guidelines. Under the federal sentencing guidelines, an individual can be…

Mitchell Stein, mvra restitution, United States v. Mitchell J. Stein, restitution

MVRA Restitution And Loss Amount Inadequate, Eleventh Circuit Holds

By Brandon Sample | February 12, 2017

United States v. Mitchell J. Stein : Mitchell Stein, a former attorney, challenged the district court’s loss and MVRA restitution determination in a mail, wire, and securities fraud prosecution arguing that the Government had failed to demonstrate both factual and legal causation for the loss amount.Using the same standard for Stein’s loss and restitution challenge,…

cdistrict court, child pornography ,sentence

Child Pornography Sentence Improper Because Judge Treated Guidelines As Binding

By Brandon Sample | February 12, 2017

Child Pornography is considered one of the serious crimes in sentencing. Roy Perry was sentenced to 151 months for receipt of child pornography. At sentencing, the court stated “I’m probably going to give him a Guideline sentence because it would be really an act of, I don’t know what you call it, defiance, maybe not,…