Sentence reduction not barred by agreement
When the U.S. Supreme Court accepted review in Freeman v. U.S., it seemed that the Court would answer a straightforward question with a straightforward answer.
10-5400 Tapia v. U.S.
Sentencing Rehabilitation 18 U.S.C. 3582(a) does not permit a sentencing court to impose or lengthen a prison term in order to foster a defendant’s rehabilitation. Section 3582(a)’s context supports this textual conclusion. By restating §3582(a)’s message to the Sentencing Commission, Congress ensured that all sentencing officials would work in tandem to implement the statutory determinatio[...]
10-3028 U.S. v. Martinez
Sentencing Obstruction of justice amendment Where the defendant spent several years on the lam after initially cooperating with authorities, his sentence was properly enhanced for obstruction of justice. “Martinez seizes on these requirements, arguing that his failure to appear was neither intentional nor voluntary. He first claims that—because he based his decision to abscond on […]
09-3715 U.S. v. Ortiz
Sentencing Relevant conduct Where a defendant pleaded guilty to aiding and abetting another in drug trafficking, he cannot claim he should only be held liable for the amount of controlled substances that he was to receive from the transaction. “Because Ortiz pled guilty to aiding and abetting Williams’s attempted possession with the intent to distribute […]
2010AP1918-CR State v. Cheatham
Sentencing Sentence credit Pascanell Cheatham appeals an amended judgment of conviction and an order granting fifty-seven days’ sentence credit but denying Cheatham’s request for an additional fifty-four days’ credit. Because we conclude that Cheatham is entitled to the additional fifty-four days’ credit, we reverse the judgment and order and remand the matter with directions to […]
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