News · Page 9 of 10
Federal Sentencing News Archive, Page 9
- Restitution After a Mortgage Fraud Conviction: United States v. Ritchie
Courts may look at the actual facts to decide whether restitution is mandatory, and a bank that took over a fraudulent loan can recover the full unpaid balance.
- Is Texas Injury to a Child a Crime of Violence? The Fifth Circuit Said No
No. The Fifth Circuit held in 2017 that Texas injury to a child is broader than a crime of violence, so it could not support an illegal reentry enhancement.
- Can Amendment 782 Lower a Money Laundering Sentence?
Yes, if the money laundering offense level was based on the drug offense level, the Fifth Circuit held that Amendment 782 can lower that sentence too.
- The 2017 Federal Budget Gave the Federal Prison System Over $7 Billion
The 2017 federal budget gave the Federal Prison System just over $7 billion for salaries and expenses, with little change from prior years.
- Why the Sentencing Commission Made No Guideline Changes in 2017
The Commission lacked a voting quorum for almost three months, leaving too little time to adopt amendments before the May 1 deadline.
- Can You Challenge the Drug Quantity Used at Sentencing?
Yes. A judge may estimate drug quantity at sentencing, but the estimate must rest on reliable evidence, and the Tenth Circuit threw one out that did not.
- Sex Trafficking Conviction Reversed Because the Jury Instructions Changed the Charge
· Trial
The Ninth Circuit reversed an attempted sex trafficking conviction because the jury was given a way to convict that the indictment never charged.
- Leavenworth Prison Guard Sentenced for Smuggling Tobacco to Inmates
Marc Buckner, a former guard at USP Leavenworth, got three years in federal prison for taking bribes to smuggle tobacco to inmates.
- 18 U.S.C. § 924(c): Federal Gun Charges and Mandatory Sentences
Section 924(c) makes it a separate federal crime to use, carry or possess a gun in connection with a crime of violence or drug trafficking crime, with mandatory prison time on top of the other sentence.
- What the Sentencing Commission Proposed in 2017, and What Became Law
Two of the 2017 proposals later took effect in other forms: the acceptance of responsibility change in 2018 and a first-offender reduction in 2023.
- Four Federal Criminal Justice Reform Bills in Congress (March 2017)
None of these four 2017 reform bills became law as written, though Congress later acted on prison phone rates and passed the First Step Act.
- Is a Reckless Lender a Victim Owed Restitution? Not Always, Court Says
Not always: the Seventh Circuit threw out a $893,015 restitution order to Bank of America because the bank recklessly made the loans.
- Federal Kidnapping Is Not a Crime of Violence Under § 924(c)
· Appeals
No: the Seventh Circuit held that federal kidnapping can be committed without force, so it cannot support a § 924(c) gun conviction.
- Opening a Prisoner's Legal Mail Outside His Presence May Violate the Sixth Amendment
In 2017, the Ninth Circuit held that prisoners have a Sixth Amendment right to be present when legal mail about a criminal case is inspected.
- Illegal Reentry: No Attempt Conviction for Standing in a Watched Border Area
· Appeals
The Ninth Circuit held that being in a closely watched pre-inspection area at the border, without intent to go further, is not attempted illegal reentry.
- The Judge Never Let Me Speak at Sentencing. Is That Grounds for Appeal?
Usually, yes: in the Tenth Circuit, a complete denial of your right to speak before sentencing is plain error, even if your lawyer did not object.
- Can a Judge Refuse to Let You Represent Yourself Because of Your Education?
No. A judge cannot deny your request to represent yourself because of limited education, the Seventh Circuit held in Tatum v. Foster.
- Can Hearsay Be Used to Revoke Your Supervised Release?
Not automatically. A judge must weigh your right to question the witness before relying on hearsay to revoke supervised release, the Tenth Circuit held.
- Can Your Probation Officer Decide Whether You Must Attend Treatment?
No. The judge, not your probation officer, must decide whether you have to attend a treatment program, the Fifth Circuit held in United States v. Yarbrough.
- What Is “Holloway” Relief, and Can It Shorten a Federal Sentence?
Holloway relief can shorten a federal sentence, but only if the prosecutor agrees to drop counts and the judge allows it.