This case presented a rather convoluted question regarding whether U.S.S.G. §1B1.10(b)(2) permits a defendant, who originally received a below-guidelines sentence attributable to both assistance and non-assistance factors, to receive a subsequent sentence reduction, based on a retroactive reduced drug Guideline, that also reflects both assistance and non-assistance factors.
In 2012, ...
In the second of his pre-retirement gifts to the criminal defense bar (see also, Doe v. U.S., No. 15-MC-1174 (E.D.N.Y. March 7, 2016)), Judge Gleeson published this Statement of Reasons for his sentencing decisions in two consolidated cases; and, like his decision in the Doe case, this opinion constitutes a ...
In this case, after concluding that the Petitioner, Jane Doe, could not meet the “extreme circumstances” that merited expungement of her thirteen-year old fraud conviction under prevailing Federal law, now-retired Federal District Court John Gleeson decided to issue her “a lesser form of relief” - namely a “Federal Certificate of ...
In this case, the Second Circuit vacated a conviction for being a felon in possession of a firearm, on the ground that the defendant's across-the-threshold warrantless arrest violated the Fourth Amendment since it actually occurred inside the home even though the police officers never actually crossed the threshold to the ...
In 2012, Avondale Lockhart was charged with attempting to receive child pornography, in violation of 18 U.S.C. §2252(a)(2), and possessing child pornography in violation of 18 U.S.C. §2252(a)(4)(B). He pled guilty to the possession offense and the Government dismissed the receipt offense. Lockhart’s presentence report calculated a Guidelines sentencing range ...
In this case, the U.S. Supreme Court, by a vote of 6-2, summarily reversed a Louisiana state court's denial of habeas corpus relief to Michael Wearry, an inmate on that state's death row. The majority wrote: “Contrary to the state postconviction court, we conclude that the prosecution’s failure to disclose ...
