Category Archives: Federal Sentencing

Re-Sentencing Under 3582 And The Sixth Amendent

By Stephen N. Preziosi April 26, 2013

Dillon v. United States Where a court imposes a new sentence based on an amended Sentencing Guideline, any reduction in the sentence must be within the amended Guideline range. Dillon v. United States 130 S. Ct. 2683 Decided: June 17 … Continue reading →

Posted in Federal Sentencing, Re-Sentencing, Sentence Reduction 18 U.S.C § 3582, Sixth Amendment, United States Sentencing Guidlines | Leave a comment

Armed Career Criminal Act: Flight From Law Constitutes Violent Crime

By Stephen N. Preziosi April 26, 2013

Sykes v United States Prior conviction for knowing or intentional flight from a law enforcement officer constitutes a violent crime for the purposes of the Armed Career Criminal Act (ACCA) Sykes v United States 131 S.Ct. 2267 Decided: December June … Continue reading →

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Sentencing Reform Act: Judge Cannot Lengthen Sentence To Promote Rehabilitation

By Stephen N. Preziosi April 26, 2013

Tapia v United States A district court cannot give a longer prison sentence than would otherwise have been the case purely to facilitate rehabilitation. Tapia v United States 131 S.Ct. 2382 Decided: December June 16, 2011 United States Supreme Court … Continue reading →

Posted in Federal Sentencing, Re-Sentencing, Sentence Reduction 18 U.S.C § 3582, United States Sentencing Guidlines | Leave a comment

Trial Court May Enhance Federal Sentence Even Where Enhancement Omitted From Indictment

By Stephen N. Preziosi March 25, 2013

United States v. Cotton Indictment errors: failure to include within the indictment a fact that enhances the statutory maximum sentence does not in itself justify an appellate court vacating the enhanced sentence. United States v. Cotton 122 S.Ct.1781 Decided: May … Continue reading →

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Appellate Review Of Sentencing: Giving Deference To The Trial Court

By Stephen N. Preziosi March 25, 2013

Buford v. United States Sentencing: an appellate court should give deference to the trial court’s interpretation of the Sentencing Guidelines as to whether an offender’s prior convictions were ‘consolidated’ for sentencing. Buford v. United States 121 S.Ct 1276 Decided: March … Continue reading →

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