U.S. v. Phillips, No. 02-30035 (9th Cir.) (367 F.3d 846) (January 28, 2004) (Judge Thomas G. Nelson)
Loaded on Jan. 1, 2004
published in Punch and Jurists
January 05, 2004
Filed under:
Retroactivity,
Punch And Jurists.
In this case, the Ninth Circuit joined with the Fifth, Seventh, Eighth and Eleventh Circuits in holding that the Feeney Amendment, which was enacted as part of the so called “PROTECT Act of 2003” is retroactive, and does not violate ex post facto laws and has, as a result, reversed ...
Full article and associated cases available to subscribers.
As a digital subscriber to Punch and Jurists, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Roper v. Weaver, No. 06-313 (U.S. Supreme Court) (550 U.S. 598; 127 S.Ct. 2022) (May 21, 2007) (Per Curiam)
- Fellers v. U.S., No. 02-6320 (U.S. Supreme Court) (540 U.S. 519; 124 S.Ct. 1019) (January 26, 2004) (Justice O'Connor)
- U.S. v. Maslin, No. 02-1648 (2nd Cir.) (356 F.3d 191) (January 13, 2004) (Judge Jed S. Rakoff)
- U.S. v. Chapman, No. 03-1490 (8th Cir.) (356 F.3d 843) (January 21, 2004) (Judge Morris Sheppard Arnold)
- U.S. v. Hammond, No. 01-5358 (6th Cir.) (351 F.3d 765) (December 15, 2003) (Judge Danny J. Boggs)
- Evans v. Zebulon, No. 02-16424 (11th Cir.) (351 F.3d 485) (November 18, 2003) (Judge R. Lanier III Anderson)
- Humanitarian Law Project v. Ashcroft, No. CV 03-6107 ABC (C.D.Cal.) (309 F.Supp.2d 1185) (March 17, 2004) (Judge Audrey B. Collins)
- U.S. v. Phillips, No. 02-30035 (9th Cir.) (367 F.3d 846) (January 28, 2004) (Judge Thomas G. Nelson)
- Wilson v. Czerniak, No. 02-36121 (9th Cir.) (355 F.3d 1151) (January 20, 2004) (Judge Warren J. Ferguson)
- Zucker v. Menifee, No. 03 Civ. 10077 (RJH) (S.D.N.Y.) (2004 U.S. Dist. LEXIS 724) (January 21, 2004) (Judge Richard J. Holwell)
- Manning v. Miller, No. 03-1762 (7th Cir.) (355 F.3d 1028) (January 21, 2004) (Judge William J. Bauer)
- Ly v. Hansen, No. 01-3016 (6th Cir.) (351 F.3d 263) (November 26, 2003) (Judge Danny J. Boggs)
- U.S. v. Saucedo-Patino, No. 03-10946 (11th Cir.) (358 F.3d 790) (January 27, 2004) (Judge Susan H. Black)
- U.S. v. Maldonado, No. 03-1739 (1st Cir.) (356 F.3d 130) (January 20, 2004) (Judge Bruce M. Selya)
- U.S. v. Velez, No. 02-1766 (2nd Cir.) (354 F.3d 190) (January 13, 2004) (Judge Jose A. Cabranes)
More from these topics:
- California Supreme Court Announces Retroactivity of 2022 Version of Penal Code § 1170 to Upper-Term Sentences Imposed Before Its Enactment, Dec. 15, 2024. Retroactivity, U.S. Sentencing Guidelines.
- Sixth Circuit Strikes Retroactive Application of Parts of Tennessee’s Sweeping Sex Offender Registration, Verification, and Tracking Law, Oct. 1, 2024. Sex Offender Registration, Retroactivity.
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024. Retroactivity, Guideline Amendment/Variances and Retroactivity, Compassionate Release.
- New Mexico Supreme Court Announces Marquez’s Holding That ‘Crime of Shooting at or From Motor Vehicle Cannot Be Predicate Felony Supporting Charge of Felony Murder’ Is New Substantive Rule and Applies Retroactively, Feb. 15, 2024. Retroactivity, Murder/Felony Murder.
- Ninth Circuit Announces District Courts Have Discretion to Consider Non-Retroactive Changes in Post-Sentencing Decisional Law in Assessing ‘Extraordinary and Compelling Reasons’ for Sentence Reduction, Oct. 1, 2023. Retroactivity, U.S. Sentencing Guidelines, Resentencing.
- California Court of Appeal: Trial Court Erred by Concluding Senate Bill 1393 Does Not Apply to Cases Already Final on Appeal, April 15, 2023. Retroactivity.
- Sixth Circuit Announces Nonretroactive Change in Sentencing Law Is Not an ‘Extraordinary and Compelling Reason’ Warranting a Sentence Reduction under Compassionate Release Statute, Feb. 15, 2023. Retroactivity, U.S. Sentencing Guidelines, Compassionate Release.
- Ohio Supreme Court: Amendment to Statute That Shifts Burden of Proof to State Regarding Self-Defense Applies to All Pending and New Trials After Effective Date, Regardless of When Alleged Crime Occurred, Sept. 15, 2022. Retroactivity, Burden of Proof.
- California Court of Appeal: Assembly Bill 124 Applies Retroactively and Includes Psychological Trauma Based Upon Mental Illness as Mitigating Factor Under § 1170(b)(6), Aug. 15, 2022. Retroactivity, Mental Health, Reliance on Psychologist's Report.
- Michigan Supreme Court Announces 2011 SORA May Not Be Retroactively Applied to Registrants Whose Offenses Predated Its Enactment Because Doing So Violates Prohibition on Ex Post Facto Laws, Feb. 15, 2022. Retroactivity, Sex Offender Registration and Notification Act.