Supreme Court

Federal Sentencing: Criminal History Category

Calculating Criminal History Weight The final piece to sentencing calculations takes into consideration criminal history. Everything from misdemeanor driving crimes (like driving with a suspended license) to prior major felonies, the PSI/R considers the entirety of a defendant’s criminal history. With no criminal history at all, zero points are assigned. Every other instance of past …

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28 U.S.C. 2255 Example – A Double Edged Sword

When it Works, Sometimes it Doesn’t In our continuing exploration of 28 U.S.C. §2255 cases, the practice of federal habeas appeals never ceases to be amazing. And confusing. Take, for instance, the case of Howard Handa. 1 United States v. Handa, 122 F.3d 690, (9th Cir. 1997) In this case, defendant Handa was sentenced for …

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Notable Federal Sentencing, Crime and Defense News

The last few weeks has held a substantial amount of news concerning federal crime, sentencing, and defense news. Although there is not going to be an in-depth discussion on each topic here today, links are provided to source materials or detailed discussions and analyses. U.S. Supreme Court After a long break, the Supreme Court is …

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In Colorado, Defendants Must do Prosecution’s Job

5th Amendment Under Fire in Fricosu Case Ramona Fricosu, of Peyton, Colorado is accused of being a part of a mortgage scam. In the course of the investigation against her, search warrants were executed on May 14th of 2010. In that search, the FBI took a Toshiba Satellite M305 laptop. Then came a problem. Investigators …

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Supreme Court Says “No” to GPS Tracking Without Warrant

United States v. Jones The United States Supreme Court decided an important case last week concerning Fourth Amendment rights and police GPS tracking without warrant using devices placed on suspected criminal’s vehicles. The Obama administration pressed for a ruling which allowed law enforcement the right to use such tactics without a warrant to aid drug …

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Decisions Involving Tapia v United States

Rehabilitative Sentences are Illegal If you have a loved one who was sentenced to a longer than normal term of imprisonment specifically so he or she could participate in rehabilitative programs within the Bureau of Prisons, that sentence is unlawful and we can help get it reversed! Please read on for important information. Contact Us …

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Important Supreme Court Decisions (2011)

The U.S. Supreme Court has made some very important decisions during this year’s session. Some of these decisions directly affect the life and possibilities of relief for those facing or serving time in federal prison. Here are three of the biggest ones. Tapia v. United States [Decision] Federal law does not allow rehabilitation to be …

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