News · Page 9 of 10
News and articles
- 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.
- Do You Have to Prove You'll Win to Get a Certificate of Appealability?
No. In Buck v. Davis, the Supreme Court held that the only question for a certificate of appealability is whether your claim is debatable, not whether you will win.
- What If Your Post-Conviction Lawyer Missed a Strong Claim?
State prisoners may get a narrow exception under Martinez v. Ryan, but federal prisoners have far fewer options, and Jones v. Hendrix closed the § 2241 route.
- 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.
- Puerto Rico Federal Judges Can't Raise a Sentence Using Untranslated Spanish Records
Under the Jones Act, federal court in Puerto Rico must be conducted in English, so a judge cannot raise a sentence based on an untranslated Spanish record.
- My Lawyer Missed My Habeas Deadline. Can I Still File?
If your lawyer truly abandoned you and missed your habeas deadline, a court may let you file late, and the Eighth Circuit ordered a hearing on that question.
- Is Burrage Retroactive? The Santillana Ruling and Jones v. Hendrix
Burrage is retroactive, the Fifth Circuit held in 2017, but Jones v. Hendrix (2023) has since closed the § 2241 route that case used.
- Does a Texas Drug Prior Make You a Career Offender? United States v. Tanksley
Not under Tanksley: the Fifth Circuit held that a Texas possession-with-intent-to-deliver conviction is not a guidelines controlled substance offense.
- Judge Treated the Guidelines as Mandatory: Sentence Vacated
The sentencing guidelines are advice, not law, so a judge who says he has no choice but to follow them makes an error, as the Fourth Circuit held in Perry.
- Does a Florida False Imprisonment Conviction Count Under the ACCA?
Not automatically: the Eleventh Circuit held that Florida false imprisonment can be committed without force, so it does not always count under the ACCA.
- Fraud Loss and Restitution: The Government Must Prove Investors Relied on the Lies
In a securities fraud case, the government cannot count every investor's loss without proof that those investors actually relied on the lies.
- Does an Oregon Drug Delivery Conviction Match Federal Drug Trafficking?
Not automatically: the Ninth Circuit held that Oregon's delivery law covered offers to sell, which federal drug law does not make a crime.
- Can a Judge's Religious Views Affect a Sentence? Not Under United States v. Hall
No. The Eleventh Circuit ordered a new sentencing after a judge twice called the defendant a "demon" while explaining a 36-month prison term.