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Revocation sentence vacated for failure to address mitigation argument
A supervised release sentence was procedurally unreasonable where the U.S. District Court failed to address the defendant‘s non-frivolous argument that he had effectively served an additional 19 months […]
Clinical evidence supports renewed pornography ban on supervised release
The 4th U.S. Circuit Court of Appeals affirmed the reimposition of a pornography ban as a condition of supervised release, holding that new, individualized clinical evidence tied the […]
New clinical evidence supports renewed pornography ban on supervised release
The 4th U.S. Circuit Court of Appeals affirmed the reimposition of a pornography ban as a condition of supervised release for a defendant convicted of transporting child sexual abuse material, […]
‘Abscondment’ doesn’t toll term of supervised release, SCOTUS rules
A criminal defendant did not subject herself to an automatic extension of her term of supervised release by absconding after failing to report a change of residence to her probation […]
SCOTUS wrap-up: factors for revoking supervised release narrowed
The U.S. Supreme Court ruled a federal judge could not consider the need to “promote respect for the law” in deciding whether to revoke a drug defendant’s supervised release.
4th Circuit: Hearsay evidence wrongly admitted
Where the district court admitted hearsay evidence during the releasee’s revocation hearing without first balancing his interest in confronting an adverse witness against any proffered good cause for denying such […]
4th Circuit: Drug defendant’s sentence vacated a second time
Where a defendant who pleaded guilty to federal drug charges argued the drug quantity in the presentence report, or PSR, was based on unreliable information from informants, that he should […]
4th Circuit: Outburst gave judge right to change defendant’s sentence
The 4th Circuit holds that 18 U.S.C. § 3582 allows district courts to alter a sentence during the same hearing until it is unequivocally stated.
Convicted prosecutor avoids prison sentence
GREENBELT, Md. — A former Baltimore city prosecutor who achieved a national profile for charging police officers in a Black man’s death was spared prison time in her sentence for […]
Criminal Practice – Supervised Release – Continuation Post-Revocation – Successive Revocations – Maximum Sentence
United States v. Harris (Lawyers Weekly No. 001-001-18, 16 pp.) (Henry Floyd, J.) 16-4546; Dec. 19, 2017; USDC at Richmond, Va. (Robert Payne, S.J.) 4th Cir. Holding: Revocation of defendant‘s […]
Criminal Practice — No Third Chance for Supervised Release
U.S. v. Padgett (Lawyers Weekly No. 15-01-0577, 9 pp.) (Motz, J.) No. 14-4625, June 9, 2015; USDC at Huntington, W.Va. (Berger, J.) 4th Cir. Holding: A defendant originally convicted of […]
Criminal Practice — Longer Sentence Due to Prior Drug Crimes
U.S. v. Wynn (Lawyers Weekly No. 15-01-0531, 12 pp.) (Keenan, J.) No. 14-4599, May 20, 2015; USDC at Norfolk, Va. (Jackson, J.) 4th Cir. Holding: A district court did not […]
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Legal Tech
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Commentary
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- A useful patent management government notice
- Opinion: NC judges have enormous power. Be sure to vote in November
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