US v. Coyle, No. 06-2296, 06-2525
A sentence imposed on remand for conspiracy to distribute methamphetamine is reversed and remanded where: 1) the circuit court declined to alter its previous holding that a substantial-assistance reduction from 135 months' to 36 months' imprisonment was unreasonable; and 2) the district court was not authorized to reduce defendant's sentence by 13.5 months based on post-offense rehabilitation
Wednesday, October 31, 2007
distribute methamphetamine is reversed
US v. Coyle, No. 06-2296, 06-2525
A sentence imposed on remand for conspiracy to distribute methamphetamine is reversed and remanded where: 1) the circuit court declined to alter its previous holding that a substantial-assistance reduction from 135 months' to 36 months' imprisonment was unreasonable; and 2) the district court was not authorized to reduce defendant's sentence by 13.5 months based on post-offense rehabilitation
A sentence imposed on remand for conspiracy to distribute methamphetamine is reversed and remanded where: 1) the circuit court declined to alter its previous holding that a substantial-assistance reduction from 135 months' to 36 months' imprisonment was unreasonable; and 2) the district court was not authorized to reduce defendant's sentence by 13.5 months based on post-offense rehabilitation
US v. Barnes, No. 06-2129
Suppression of evidence seized during a body cavity search is vacated and remanded where further proceedings are necessary to determine whether an officer ordering the search possessed sufficient credible information to establish a reasonable suspicion that defendant was concealing drugs internally
Suppression of evidence seized during a body cavity search is vacated and remanded where further proceedings are necessary to determine whether an officer ordering the search possessed sufficient credible information to establish a reasonable suspicion that defendant was concealing drugs internally
Wednesday, October 10, 2007
Habeas corpus there is a clearly established federal due process protection against a trial court's reliance on materially false information at senten
Stewart v. Erwin, No. 05-4635
Denial of a petition for a writ of habeas corpus in a sexual battery case is reversed and remanded to supplement the record or grant the writ as: 1) although there is no clearly established federal constitutional right to full disclosure of all information used by a trial judge in determining a defendant's sentence; 2) there is a clearly established federal due process protection against a trial court's reliance on materially false information at sentencing; and 3) it was not possible to ascertain whether such a violation might have occurred here, where a portion of the materials used in determining the sentence have been withheld from federal court review, and where the limited record suggested a reasonable possibility that at least some of the sentencing information might have been erroneous.
Denial of a petition for a writ of habeas corpus in a sexual battery case is reversed and remanded to supplement the record or grant the writ as: 1) although there is no clearly established federal constitutional right to full disclosure of all information used by a trial judge in determining a defendant's sentence; 2) there is a clearly established federal due process protection against a trial court's reliance on materially false information at sentencing; and 3) it was not possible to ascertain whether such a violation might have occurred here, where a portion of the materials used in determining the sentence have been withheld from federal court review, and where the limited record suggested a reasonable possibility that at least some of the sentencing information might have been erroneous.
Wednesday, June 06, 2007
court impermissibly and prejudicially participated in plea negotiations with defendant
US v. Baker, No. 06-3115
Sentence based on guilty plea to fraud and related offenses is vacated where the court impermissibly and prejudicially participated in plea negotiations with defendant
Sentence based on guilty plea to fraud and related offenses is vacated where the court impermissibly and prejudicially participated in plea negotiations with defendant
Monday, June 04, 2007
the magnitude of the variance and method of calculation were unreasonable
US v. Allen, No. 06-6111
In a case involving a variance of more than 2.5 times the top end of the U.S.S.G. recommended range, whatever latitude a sentencing court may have to adjust a sentence in an exercise of Booker discretion, it may not discard the advisory Guideline range and impose sentence on the basis of evidence of a defendant's uncharged, unrelated misconduct, whether actually committed or contemplated for the future. A sentence for possession of methamphetamine with intent to distribute is vacated where, although the sentencing court may consider defendant's unrelated, non-charged conduct in fashioning a sentence, the magnitude of the variance and method of calculation were unreasonable.
In a case involving a variance of more than 2.5 times the top end of the U.S.S.G. recommended range, whatever latitude a sentencing court may have to adjust a sentence in an exercise of Booker discretion, it may not discard the advisory Guideline range and impose sentence on the basis of evidence of a defendant's uncharged, unrelated misconduct, whether actually committed or contemplated for the future. A sentence for possession of methamphetamine with intent to distribute is vacated where, although the sentencing court may consider defendant's unrelated, non-charged conduct in fashioning a sentence, the magnitude of the variance and method of calculation were unreasonable.
Tuesday, May 29, 2007
district court erred in imposing an obstruction of justice enhancement
US v. Abdul-Aziz, No. 06-3032
A conviction and sentence for being a felon in possession of a firearm is vacated in part as to the sentence and remanded where the district court erred in imposing an obstruction of justice enhancement based on perjury as the record did not establish with the required clarity that the court exercised its independent judgment in reaching the decision to impose the enhancement
A conviction and sentence for being a felon in possession of a firearm is vacated in part as to the sentence and remanded where the district court erred in imposing an obstruction of justice enhancement based on perjury as the record did not establish with the required clarity that the court exercised its independent judgment in reaching the decision to impose the enhancement
Thursday, May 10, 2007
district court erred by conflating the two steps of the analysis for an abuse of trust enhancement laid down in US v. Reccko, 151 F.3d 29 (1st Cir. 19
US v. Parrilla, No. 05-1566
Sentences for conspiracy to transport cocaine are vacated where the district court erred by conflating the two steps of the analysis for an abuse of trust enhancement laid down in US v. Reccko, 151 F.3d 29 (1st Cir. 1998
Sentences for conspiracy to transport cocaine are vacated where the district court erred by conflating the two steps of the analysis for an abuse of trust enhancement laid down in US v. Reccko, 151 F.3d 29 (1st Cir. 1998
Monday, April 30, 2007
Due Process Clause in notifying plaintiff of the administrative forfeiture of $13,000 seized from him upon his arrest for serious drug crimes is rever
Taylor v. US, No. 06-60275
A determination that the government satisfied the Due Process Clause in notifying plaintiff of the administrative forfeiture of $13,000 seized from him upon his arrest for serious drug crimes is reversed and remanded where, on the record, the government failed to meet its burden to show that its notice was "reasonably calculated, under all the circumstances, to apprise" him of the forfeiture.
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