Category Archives: United States Sentencing Guidlines

Re-Sentencing and Post Sentence Rehabilitation

Pepper v United States Resentencing hearings: evidence of post-sentencing rehabilitation may be considered and this may support a downward variance from the Sentencing Guidelines. Pepper v. United States 131 S. Ct. 1229 (2011). Decided March 2, 2011 Supreme Court of … Continue reading

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Revision Of The Sentencing Guidelines And Eligibility For Reduced Sentences

Freeman v United States Plea agreements and subsequent eligibility for reduced sentences: defendants may be eligible to a reduced sentence following retroactive revision of the Sentencing Guidelines – despite the existence of a plea agreement Freeman v. United States 131 … Continue reading

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The Anti-Drug Abuse Act of 1986: Defining Cocaine Base

De Pierre v United States The term ‘cocaine base’ under the Anti-Drug Abuse Act of 1986 (ADAA) refers to all forms of cocaine base – not just “crack cocaine”. DePierre v. United States 131 S. Ct. 2225 (2011). Decided June … Continue reading

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Armed Career Criminal Act: Defining Serious Drug Offense

McNeill v United States The question of whether an offense is a “serious drug offense” for the purposes of the Armed Career Criminal Act, should be determined with reference to the maximum term of imprisonment applicable at the time of … Continue reading

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Re-Sentencing Under 3582 And The Sixth Amendent

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

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