News · Page 6 of 10
Federal Sentencing News Archive, Page 6
- The Sentencing Commission's December 2018 Proposals, and What Happened to Them
The Commission proposed fixes for Koons and the crime of violence definition in 2018, but lost its quorum and never adopted them as written.
- The Supreme Court's 2018-2019 Criminal Cases and How Each Was Decided
Here are the 13 criminal and related cases the Supreme Court heard in its 2018-2019 term, including Gamble, Garza, Haymond, and Timbs, with each result noted.
- McConnell Agrees to a Senate Vote on the First Step Act
After weeks of pressure from both parties and the White House, Mitch McConnell agreed to a Senate vote on the First Step Act, which passed days later.
- How the Gamble Double Jeopardy Argument Went at the Supreme Court
At the December 2018 argument, the justices were wary of overturning a 170-year-old rule, and the Court later kept the separate sovereigns doctrine, 7-2.
- Is It a Crime to "Encourage" an Undocumented Immigrant to Stay?
· Appeals
Yes, in narrow cases: the Supreme Court upheld the federal "encourage or induce" law in 2023, but read it to cover only purposely soliciting or helping specific illegal acts.
- Can ICE Deport Someone a Federal Judge Released on Bail?
· Appeals
Yes: the Sixth Circuit held a federal judge's bail order does not stop ICE from detaining or deporting a defendant before sentencing.
- Can the State and the Federal Government Both Prosecute You for the Same Act?
Yes. In Gamble v. United States (2019), the Supreme Court kept the rule that a state and the federal government can each prosecute you for the same act.
- Why the Double Jeopardy Rule Exists: Gamble v. United States
· Appeals
Yes: in Gamble v. United States (2019), the Supreme Court kept the "separate sovereigns" rule, so state and federal prosecutors can each charge the same conduct.
- He Cooperated and Got 10 Years Over the Range. The Fifth Circuit Said No
The Fifth Circuit threw out a sentence more than 10 years above the guideline range for a man who cooperated at risk to his life, and even the government agreed.
- Bridgegate Case: Civil Rights Counts Dismissed, Fraud Convictions Later Reversed
· Appeals
The Third Circuit threw out the Bridgegate civil rights counts in 2018, and in 2020 the Supreme Court reversed the remaining fraud convictions.
- Can You Get a New Trial If a Juror Hid Something During Jury Selection?
· Trial
Possibly: in United States v. French, the First Circuit ordered a hearing into a juror who left out her son's drug convictions, even two years after trial.
- Can a Prior State Drug Conviction Raise Your Federal Sentence?
It can, but in the Second Circuit a state drug conviction counts under the gun guideline only if the drug is also on the federal list.
- Can a Judge's Hidden Racial Bias Affect a Sentence?
It can: studies show judges carry hidden racial and ethnic biases like everyone else, though awareness and clear decision rules help keep them in check.
- The Federal Sentencing Memorandum: 5 Keys to Persuading the Judge
A sentencing memorandum is your written argument for a specific sentence, and it is often your clearest chance to shape the judge's view before the hearing.
- Can a Guideline Mistake Be Fixed on Appeal If Nobody Objected?
Usually yes: the Supreme Court held that an obvious guideline error that affects the sentence should ordinarily be corrected on appeal.
- Senators Press McConnell to Allow a Vote on the First Step Act
In November 2018, only Mitch McConnell stood between the First Step Act and a Senate vote. The pressure worked, and the bill became law a month later.
- November 2018: A Senate Deal Adds Sentencing Reform to the First Step Act
A November 2018 Senate deal combined prison reform with sentencing reform, and that combined bill became the First Step Act a month later.
- First Step Act FAQs: What the Law Means for Federal Prisoners Today
The First Step Act shortened some federal drug and gun sentences, made crack relief retroactive, and created new ways to earn time off or ask for early release.
- Charged With Federal Money Laundering? The Law, Penalties, and Defenses
Federal money laundering can carry up to 20 years per count, though the actual sentence usually depends on the guidelines and the amount involved.
- The Sentencing Reform and Corrections Act: Could It Pass in 2018?
The Sentencing Reform and Corrections Act never passed on its own, but many of its changes, including retroactive crack relief, became law in the First Step Act.