This is the Sixth Circuit’s second crack at the non-incarceratory sentence imposed on Paul Musgrave who was convicted by a jury of various white-collar crimes - namely one count of conspiracy to commit wire and bank fraud and to make false statements to a financial institution; two counts of wire ...

This is curious sentencing decision from which it is hard to derive any discernable lesson. Essentially, for reasons that are never fully transparent, a divided panel from the Second Circuit vacated a 60-year sentence imposed in a perfectly awful child pornography case; and it remanded the case for resentencing even ...

In this case, the Sixth Circuit considered an interesting issue of first impression: may a Federal district judge poll the jury before sentencing to ask them what they believe an appropriate sentence would be, and then explicitly consider the jury’s response as one factor in determining an appropriate sentence? Here, ...

In this unanimous ruling, a panel from the Fifth Circuit joined with every other Circuit court that has ruled on the issue (i.e., the Second, Third, Fourth, Sixth, Seventh, Eighth and Ninth Circuits) in holding that machine guns are inherently “dangerous and unusual weapons” and are “not protected arms under ...

This decision is noted as a good example of the problems inmates face with retroactive sentence reductions under Guideline Amendment 782; here the defendant received a 1 month sentence reduction on his 120 month sentence.

The Federal courts generally "may not modify a term of imprisonment once it has been ...