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.
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