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
Showing posts with label appeal. Show all posts
Showing posts with label appeal. Show all posts
Wednesday, October 31, 2007
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
Labels:
appeal,
Criminal Law,
federal court,
inmate,
prison,
sentencing
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.
Labels:
appeal,
Criminal Law,
federal court,
inmate,
procedure,
sentencing
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
Labels:
appeal,
Criminal Law,
federal court,
inmate,
prison
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