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U.S. v. Fleming, No. 17-3954 (6th Cir.) (894 F.3d 764) (June 29, 2018) (Judge John M. Rogers)

Loaded on July 16, 2018 published in Punch and Jurists July 16, 2018
Filed under: Punch And Jurists, Media Reports.

Here the Court held that it was both procedural error and plain error for the judge to "surprise" the defendant and impose a huge upward variance based on a brief news article that had appeared online, without giving the defendant any advance notice.

This drug sentencing case is noted for ...

 

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More from this issue:

  1. U.S. v. Trotter, No. 15-cr-382 (E.D.N.Y.) (321 F.Supp.3d 337) (July 5, 2018) (Judge Jack B. Weinstein)
  2. U.S. v. Barnes, No. 16-30203 (9th Cir.) (895 F.3d 1194) (July 19, 2018) (Judge Richard A. Paez)
  3. Young v. Hawaii, No. 12-17808 (9th Cir.) (896 F.3d 1044) (July 14, 2018) (Judge Diarmuid F. O'Scannlain)
  4. U.S. v. Fleming, No. 17-3954 (6th Cir.) (894 F.3d 764) (June 29, 2018) (Judge John M. Rogers)
  5. U.S. v. Barnes, No. 17-7016 (10th Cir.) (890 F.3d 910) (May 16, 2018) (Judge Timothy M. Tymkovich)
  6. U.S. v. Park, No. Crim. No. 16-cr-0009 (TSC) (D.D.C.) (279 F.Supp.3d 170) (February 28, 2018) (Judge Tanya S. Chutkin)

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