Short Wins - We Aren't Dead Edition

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Gentle readers,

The Courts of Appeal have been more diligent in issuing opinions than we've been in posting them. Apologies. As those of you who do trial work can understand, sometimes it's really hard to do anything other than eat and sleep when there are witnesses to prepare for and arguments to make. Alas.

That said, wow, these are a bunch of cases that a scholar of sentencing and supervised release law would love. Enjoy!

To the victories!

1155650_berlin_siegessule.jpg1. United States v. Pena, First Circuit: Appellant pled guilty to conspiracy to distribute and also to possession with intent to distribute a drug and was sentenced to 12 years' imprisonment. Because the plea proffer did not contain an admission that Appellant's actions resulted in the death of a person, and the government did not prove that element beyond a reasonable doubt, the sentence was vacated and the case remanded for resentencing.

Defense Attorney: Robert L. Sheketoff

2. United States v. Rodriguez-Santana, First Circuit: Appellant challenged the special sex-offender conditions of his supervised release. The First Circuit vacated the special condition that Appellant permit monitoring of any device with internet access or data or video storage or sharing capabilities because the government conceded that this condition may not be justified.

Defense Attorneys: Thomas J. Trebilcock-Horan, Hector E. Guzman, Jr., Liza L. Rosado-Rodriguez

3. United States v. Williams, Seventh Circuit: Appellant pled guilty to identity theft-related crimes and was sentenced to 56 months' imprisonment. That sentence was calculated using sentencing guidelines in effect at the time of sentencing, rather than at the time the crimes were committed. Because this resulted in higher sentencing guidelines, the sentence was vacated and the case remanded for resentencing.

4. United States v. Maynard Williams, Ninth Circuit: The Ninth Circuit reversed and vacated the district court's order revoking Appellant's supervised release. Appellant had entered an Alford plea. The Ninth Circuit held that such a plea is insufficient to prove commission of a state crime for purposes of a federal supervised release violation because the state itself does not treat such a plea as probative of the Appellant's guilt.

Defense Attorney: Alison K. Guernsey

5. U.S. v. Benns, Fifth Circuit: Appellant was convicted of making false statements on a credit card application. His sentence was reversed and the case remanded for resentencing because the district court improperly calculated the loss amount attributable to him.

6. U.S. v. Robinson, Fifth Circuit: Appellant was convicted of child pornography charges and sentenced to 720 months in prison. On appeal, the sentence was vacated and remanded because the trial court did not appreciate its authority to consider evidence of the Appellant's cooperation during sentencing.

7. U.S. v. Wooley, Fifth Circuit: Appellant was sentenced to 30 months imprisonment during a probation violation hearing. The trial court stated that it imposed that sentence because of the court's belief that Appellant had an untreated drug problem. The sentence was reversed because a sentencing court is prohibited from increasing or lengthening a prison sentence to promote rehabilitation.

8. U.S. v. Whitlow, Seventh Circuit: Appellant was convicted and sentenced for drug-related offenses. The Seventh Circuit remanded to allow the trial court to exercise discretion on whether to give credit for eight months Appellant spent in in pretrial custody.

9. U.S. v. Rouillard, Eighth Circuit: Appellants conviction for sexual abuse of an incapacitated person under 18 U.S.C. § 2242(2) was reversed and remanded. The Eighth Circuit, en banc, recently clarified the mens rea requirement of 18 U.S.C. §2242(2) and this development requires remand in this case because the Appellant's request for a jury instruction on his knowledge of the incapacity of the person was denied.

10. U.S. v. Mathauda, Eleventh Circuit: Appellant was convicted of various mail and wire fraud charges and sentenced to 252 months' imprisonment. The sentence was vacated and remanded for resentencing because the district court erred in adding a sentence enhancement for Appellant's alleged violation of a prior court order.

11. U.S. v. Hagman, Fifth Circuit: After pleading guilty to two firearms charged, Appellant challenged a four point sentencing enhancement for bartering 8 to 24 firearms. The Fifth Circuit vacated the sentence and remanded because the government failed to prove by a preponderance of the evidence that Appellant had possessed or unlawfully sought to obtain that many firearms.

12. U.S. v. Adkins, Seventh Circuit: Appellant pled guilty to receipt of child pornography and was sentenced to 210 months in prison and a number of special conditions. The Seventh Circuit vacated Appellant's sentence and remanded the case because one special condition - to not view or listen to any pornography or sexually stimulating material or sexually oriented material or patronize locations where such material is available - was unconstitutionally vague and overbroad.

13. U.S. v. Jordan, Seventh Circuit: Appellant was sentenced to 24 months in prison for violating terms of his supervised release. On appeal, he challenged the revocation of his supervised release arguing that the district court erred by considering hearsay evidence without first making the "interest of justice' finding required when the defendant was denied the right to question an adverse witness under the Federal Rules of Criminal Procedure. The Seventh Circuit agreed, and reversed and remanded.

14. U.S. v. Tucker, Eight Circuit: Appellant's sentence was vacated and remanded for resentencing because the elements under the Nebraska statute, under which Appellant was convicted, do not ordinarily encompass conduct that presents a serious potential risk of physical injury to another. Therefore Appellant inappropriately received an enhanced sentence under the Armed Career Criminal Act.

15. U.S. v. Ransfer, Eleventh Circuit: After a jury trial, Appellants were convicted of sixteen counts involving robbery, conspiracy, and using and carrying firearms. The Eleventh Circuit found that there was no evidence that one appellant, Lowe, took any action in furtherance of one of the robberies. His conviction was vacated on those related counts and the case remanded for sentencing.