Articles · Page 4 of 4
Sentencing articles
Articles filed under Sentencing, newest first.
- 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.
- Can a Judge Offset a 924(c) Gun Sentence? Dean v. United States
Yes. In Dean v. United States, the Supreme Court held that a judge may shorten the sentence on the other counts to make up for a mandatory 924(c) gun 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.
- Judge Used the Wrong Mandatory Minimum: Amendment 782 Reduction Sent Back
If a judge reduces your sentence using the wrong mandatory minimum, an appeals court may send the case back so the judge can decide again.
- Can a Judge Give More Prison Time So You Can Get Drug Treatment?
No. Under Tapia v. United States, a federal judge may not impose or lengthen a prison term so a person can get drug treatment or job training.
- Robbery Sentence Reversed: Bodily Injury Enhancement Not Supported
A judge cannot sentence you more harshly than your co-defendants based on facts that are not in the record, the First Circuit held in Cotto-Negrón.