Case held that including bad check convictions (which are not fraudulant in nature) with bank fraud in criminal history category was erroneous since they were not similar in nature as required by USSG § 4A1.2(c)(1)(B).
In this case the defendant argued that the district court erred in computing her criminal ...
This is an important decision on the scope of U.S.S.G. § 1B1.3 (relevant conduct) as revised effective November 1, 1992. At the defendant's first sentencing, he was held responsible for 397 grams of cocaine, which included 381 grams found in an upstairs closet. Based on that finding, he was given ...
Although this case ultimately holds that the improper admission of some hearsay evidence was harmless error, it is cited because it discusses in some detail Rule 801(d)(2)(D) of the Fed.R.Evid. That subsection, one of the many exceptions to the hearsay rule, provides that a statement is not hearsay if it ...
Here the Eleventh Circuit continues its assault on sentencing entrapment by calling it a "defunct doctrine.".
In directing remand, the Court did state that the sentencing court could consider using the reckless endangerment provisions of USSG § 3C1.2 to increase the defenedant's sentence - but it was improper to attempt to expand the language of § 2F1.1(b)(4) in this case. The Court also suggested that "reasonable ...
In this case the defendant argued that the district court erred in computing her criminal history category by including four convictions for worthless checks as "similar" to her bank fraud conviction. While she acknowledged that the correction would not change her criminal history category, and thus not change her sentence, ...
It is rare when a defendant wins a single issue on a sentence appeal; but here Susan Hall wins on three separate issues. The most significant issue was her claim that the district court had erred by failing to grant a downward departure based on coercion and duress. The Court ...
Case established a required set of practices and procedures to assure the reliability of lab reports in all future revocation hearings involving the use of evidence obtained from such laboratory reports.
This is an important case dealing with the revocation of supervised release because the Fifth Circuit, exercising its supervisory ...
On Christmas Day, 1990, Tina Spear went to a Kentucky prison to visit her boyfriend. Upon her arrival, she was informed that she would not be permitted to visit unless she submitted to a strip search, a body cavity search and a search of her clothing, purse, pocketbook and car. ...
Section 4A1.2(c) of the Guidelines contains a long list of prior sentences that are counted or excluded in calculating a defendant's criminal history category. If the precise crime is not listed, the court is authorized to determine whether the crime in question was "similar" to the crimes listed. At issue ...
Case held that defendant's diagnosis of depression following arrest and conviction does not warrant a downward departure.
This case involves a physician charged and convicted on a number of counts of improperly prescribing controlled substances. He challenged his conviction on a number of grounds to no avail. But the case ...
Case held that USSG § 5K2.12 (coercion and duress) does not authorize a departure below a statutorily required mandatory minimum sentence.
This is an important case dealing with the revocation of supervised release because the Fifth Circuit, exercising its supervisory powers, directs the implementation of various practices and procedures to assure the reliability of evidence of laboratory reports "in all future revocation hearings involving positive laboratory tests."
In the instant case, ...
In this case the court held that "when a defense attorney cross examines a former client who is a witness against the defendant, a conflict of interest may exist; absent a waiver from the former client, the attorney cannot inquire into privileged matters." (Id., at 462).
Case suggests that a ...
The defendant in this case objected to being charged, for sentencing purposes, with the full amount of the loss attributable to a Ponzi scheme on the grounds that 90% of the funds would be recovered by the bankruptcy trustee. The Court rejects that argument. While acknowledging that Application Note 7 ...
Court affirmed denial of acceptance of responsibility reduction because defendant attempted to mischaracterize and minimize his responsibility.
