After yesterday's heady news from the ABA Law Journal (did I mention you can vote for this blog here), I completely neglected to, you know, actually blog. Apologies.
Here are brief treatments of the wins from the week with Thanksgiving in it. Like Thanksgiving leftovers, there's not a lot here to be tremendously excited about, but, if you're really into yams and there are yams in the fridge, you're happy.
To carry the metaphor forward, let's hope you're really into sentencing remands.
The three cases are all on sentencing issues. The Ninth Circuit reversed on a sentencing issue in an illegal reentry case based on a change in the probation revocation guidelines, the Fourth Circuit reversed on a Fair Sentencing Act case, and the Fifth Circuit reversed a restitution award in Ponzi scheme case.
There's a backlog of interesting cases (no offense to these guys) from prior weeks. Later this week I'll have a few posts up about those.
To the Victories:
1. United States v. Catalan, Ninth Circuit: After Appellant was convicted of drug trafficking and served his six-month jail term, he was deported. When he later pled guilty to illegal reentry, his probation on the drug charge was revoked and he was sentenced to 360 days in jail. At his illegal reentry sentencing, the court imposed a 16-level enhancement under Sentencing Guideline 2L1.2(b)(1) based on appellant's six-month sentence and his 360-day sentence. Guideline 2L1.2(b)(1) provides for a 16-level enhancement if the defendant was previously deported after a drug trafficking conviction for which the "sentence imposed" was greater than 13 months. After appellant's sentencing, the Sentencing Commission clarified that a probation revocation sentence served after deportation should not be used to calculate the "sentence imposed" under the Guideline. Because the court used the probation revocation sentence to calculate the "sentence imposed," appellant's sentence was vacated and the case remanded for resentencing.
2. United States v. Edmonds, Fourth Circuit: Appellant was convicted of conspiracy to distribute more than 50 grams of crack cocaine, among other drug offenses. He was sentenced to life imprisonment on the conspiracy charge on the effective date of the Fair Sentencing Act, which increased the amount of crack cocaine needed to trigger the life imprisonment mandatory minimum from 50 grams to 280 grams. Because appellant was entitled to the benefits of the Act and the Act was not addressed below, appellant's sentence was vacated and the case remanded for resentencing with directions for the court to consider the Act.
3. United States v. Murray et al, Fifth Circuit: Appellants were convicted and sentenced for crimes arising out of a Ponzi scheme. None of appellants' sentences required restitution and none deferred determination of the amount of restitution to a later date. Because the district court found that restitution was inapplicable, the Mandatory Victims Restitution Act did not authorize the court to reopen appellants' final sentencing judgments to amend the sentences to include a restitution requirement. Because the right to appeal the timing of the court's order was not waived, the restitution orders were reversed.