Articles · Page 4 of 5
Sentencing Article Archive, Page 4
Articles filed under Sentencing, newest first.
- Can You Be Made to Forfeit Drug Money Your Co-Conspirators Got?
No. In Honeycutt v. United States, the Supreme Court held that drug forfeiture reaches only what you yourself obtained, not what your co-conspirators received.
- Sessions v. Dimaya: Why the Supreme Court Struck Down 18 U.S.C. § 16(b)
The Supreme Court held in Sessions v. Dimaya (2018) that the residual clause in 18 U.S.C. § 16(b) is unconstitutionally vague, and it struck down a similar § 924(c) clause in 2019.
- What the Sentencing Commission Found About Young Federal Offenders (2017)
The Commission's 2017 report found that people 25 and under made up 18% of federal sentencings, and most of their crimes were nonviolent.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.