The First Circuit in United States v. Melvin, No. 12-1332, has vacated a conviction where the government introduced at trial a voice identification of the defendant based on his participation in a proffer session. The proffer agreement prohibited direct use against the defendant of any statements made or other information provided by the […]
In US v. Carthorne, 2013 WL 4056052 (August 13, 2013) the Fourth Circuit held that the Virginia crime of Assault and Battery on a Police Officer is not a crime of violence. The government argued that the offense involves “conduct that presents a serious potential risk of physical injury to another” because it […]
A report issued by David Meier, Special Counsel to the Governor’s Office, says that 40,323 people’s cases may have been affected by the conduct of chemist Annie Dookhan at the Department of Public Health lab. This is 3,000 more than his previous estimates.
Attorney General Eric Holder has issued a memorandum to US Attorneys and the Assistant Attorney General for the Criminal Division refining charging policy regarding mandatory minimums for certain nonviolent, low-level drug offenders, to “ensure that our most severe mandatory minimum penalties are reserved for serious, high-level, or violent drug traffickers.” The memo also says that prosecutors should […]
Judge Saris in US v. Duval, No. 03-10292, has granted a 2255 motion and vacated an ACC sentence based on a Maine assault conviction, in light of Holloway . Her opinion contains a number of important, favorable rulings on recurrent 2255 procedural issues, including:
The Supreme Court held in Sekhar v. United States, No. 12-357, that attempting to compel a person to recommend that his employer approve an investment does not constitute “the obtaining of property from another” under the Hobbs Act, 18 USC 1951(b)(2). The Court commented that adopting the government’s theory and holding otherwise would […]
The Supreme Court in United States v. Kebodeaux has ruled that where a defendant was convicted by a special court-martial of a federal sex offense, and was subject to sex registration requirements after his release under the pre-SORNA Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, SORNA’s registration requirements as applied […]
The Supreme Court in Descamps v. United States, No 11-9540, overturned the Ninth Circuit and ruled that the modified categorical approach used for determining whether a predicate conviction qualifies as a violent felony under ACCA only applies where the defendant is convicted of violating a divisible statute.
In Alleyne v. United States, No. 11-9335, the Supreme Court overruled Harris v. United States, 536 U.S. 545 (2002) and held that any fact that creates or increases a mandatory minimum is an “element” that must be submitted to the jury.
The Supreme Court in United States v. Davila, No. 12-167, has ruled that a court’s improper participation in plea discussions does not automatically result in vacatur of the plea, without consideration of prejudice. The Court overturned a Ninth Circuit decision to the contrary.
