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09-11311 Sykes v. U.S.
Sentencing ACCA; fleeing an officer Felony vehicle flight is a violent felony for purposes of ACCA. Sykes’ argument—that Begay v. United States, 553 U. S. 137, and Chambers v. United States, 555 U. S. 122, require ACCA predicate crimes to be purposeful, violent, and aggressive in ways that vehicle flight is not—overreads those opinions. In […]
10-CR-31 U.S. v. Vang
Sentencing Drug trafficking Where the defendant did not know the amount of controlled substances involved in the one transaction he participated in, and did not profit from the transaction, a community sentence is appropriate. “The guidelines recommended 70-87 months, but that was based on defendant’s high drug weight, which substantially inflated his range and overstated […]
10-5258 McNeill v. U.S.
Sentencing ACCA A federal sentencing court must determine whether “an offense under State law” is a “serious drug offense” by consulting the “maximum term of imprisonment” applicable to a defendant’s prior state drug offense at the time of the defendant’s conviction for that offense. ACCA’s plain text requires this result by mandating that the court […]
2010AP2020-CR State v. Downer
Sentencing Allocution Maceo Downer appeals from a judgment of conviction, entered upon his guilty plea, and an order denying his postconviction motion for a new sentencing hearing. Downer contends that trial counsel was ineffective when she failed to advise him that sentencing would immediately follow the plea hearing, depriving him of the opportunity to prepare […]
09-2919 Narvaez v. U.S.
Sentencing Career offender enhancement; retroactivity A defendant unlawfully sentenced as a career offender can collaterally attack the sentence. “The fact that Mr. Narvaez’s sentence falls below the applicable statutory-maximum sentence is not alone determinative of whether a miscarriage of justice has occurred. The sentencing court’s misapplication of the then-mandatory § 4B1.1 enhancemen[...]
10-2261 U.S. v. Moore
Sentencing Crack cocaine; due process The 100:1 crack to powder cocaine ratio does not violate due process. “[T]he Sentencing Commission reports also contain findings indicating that crack is at least somewhat more dangerous than powder cocaine. For example, in 2002, the Sentencing Commission reported that ‘crack is more addictive than powder, crack offenses are more […]
2010AP1896-CR State v. Marker
Sentencing Discretion Mark Steven Marker appeals the judgment entered on his guilty plea to first-degree recklessly endangering safety, see Wis. Stat. § 941.30(1), and the order denying his motion for postconviction relief. Marker claims that the circuit court erroneously exercised its discretion when it sentenced him. We disagree and affirm. This opinion will not be […]
2010AP1131-CR State v. Bender
Sentencing Resentencing; new factors Heather Lee Bender moved for resentencing citing as a new factor the inability of Taycheedah Correctional Institution (TCI) to provide her with appropriate mental health treatment. We agree with Bender that mental health treatment at TCI is undeniably inadequate; we agree with the trial court that the fact does not constitute […]
2010AP1349-CR State, et al. v. Huebner
Sentencing Restitution Guenther Huebner appeals from an order denying his motion for reconsideration of the $130,000 in restitution he was ordered to pay Wisconsin Gas Company, LLC, d/b/a WE Energies. He asks that we set restitution at zero because (1) WE Energies’ loss estimate is unsupported by any credible evidence and (2) he was wrongly […]
2010AP2230-CR State v. Richardson
Sentencing DNA surcharge Romale A. Richardson appeals from a judgment of conviction, entered upon his guilty plea, and an order denying his postconviction motion. The sole issue on appeal is whether the circuit court erroneously exercised its discretion when it ordered Richardson to pay a $250 DNA surcharge. We affirm. This opinion will not be […]
2011AP1-CR State v. Przybylski
Sentencing Discretion Dustin Przybylski seeks resentencing on his conviction for operating a motor vehicle while under the influence of an intoxicant or other drug, fourth offense, contrary to Wis. Stat. § 346.63(1)(am). Przybylski claims that the circuit court did not fairly consider the recommendation of the prosecutor and the defense counsel that his sentence be […]
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