June 23, 2011
U.S. v. GOINES – Leagle.com
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U.S. v. GOINES
Leagle.com Goines argues his sentence on the principal conviction was unreasonable. Finding no error, we affirm. Because Goines did not object to any procedural irregularities at sentencing, our review of the procedural aspects of the sentence is for plain error. … |
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Filed under post conviction release by Bail Bondsman
June 20, 2011
U.S. v. CARTER – Leagle.com
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U.S. v. CARTER
Leagle.com Carter also argues that the district court's reliance on his heroin conviction in order to revoke his supervised release violated the Double Jeopardy Clause. He has not shown plain error with respect to this issue because there is no double jeopardy … |
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June 15, 2011
U.S. v. ZAMBRANO – Leagle.com
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U.S. v. ZAMBRANO
Leagle.com In Carachuri-Rosendo, the Supreme Court held that, when determining what constitutes an aggravated felony, the state offense of record cannot be enhanced "ex post" by looking at facts outside the offense of conviction to make it an aggravated felony. … |
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May 13, 2011
GONZALEZ v. U.S. – Leagle.com
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GONZALEZ v. U.S.
Leagle.com This matter is before the Court on Petitioner's Motion for Post-Conviction Relief (Doc. #1), filed on April 12, 2011. Petitioner moves the Court to vacate his December 12, 1991 plea-based conviction for knowingly and willfully possessing, … |
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May 12, 2011
U.S. v. WILLIAMS – Leagle.com
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U.S. v. WILLIAMS
Leagle.com Williams filed several petitions for post-conviction relief contesting his continued incarceration and alleging misconduct by prison officials. Williams filed one of these petitions in the Western District of Tennessee, and it was assigned to Judge … |
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May 5, 2011
U.S. v. PADILLA-CASTRO – Leagle.com
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U.S. v. PADILLA-CASTRO
Leagle.com While his direct appeal was pending, he sought post-conviction relief under 28 USC ยง 2255, challenging his guilty plea, sentence, waiver of appellate and collateral review, and effective assistance of counsel. The District Court denied his motion and … |
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May 3, 2011
U.S. v. MANSANARES – Leagle.com
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U.S. v. MANSANARES
Leagle.com Moreover, while a district court must provide a statement of the reasons for the sentence imposed, the court "need not be as detailed or specific when imposing a revocation sentence as it must be when imposing a post-conviction sentence. … |
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April 29, 2011
U.S. v. WHITLOCK – Leagle.com
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U.S. v. WHITLOCK
Leagle.com Therefore, like post-conviction sentencing recommendations, post-revocation sentencing recommendations must be disclosed unless the district court directs otherwise "[b]y local rule or by order in a case." Fed. R. Crim. P. 32(e)(3). … |
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April 14, 2011
U.S. v. BUCHANAN – Leagle.com
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U.S. v. BUCHANAN
Leagle.com Supervised release "is not a punishment in lieu of incarceration." United States v. Granderson, 511 US 39, 50 (1994). Rather, it "is a unique method of post-confinement supervision," Gozlon-Peretz v. United States, 498 US 395, 407 (1991), … |
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Filed under post conviction release by Bail Bondsman
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U.S. v. McCONNEL
Leagle.com The day before Mr. McConnel's sentencing, December 3, 2003, the government's sentencing memorandum announced for the first time that it was seeking an upward departure on his criminal history, based on a post-conviction firearms sale in July 2002. … |
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