BLOG BULLETS: The Ninth Circuit has granted en banc review in a case raising the question of whether the California drug statutes, which have already been held to be overbroad under the categorical approach, are indivisible so the modified categorical approach can’t be used. One issue presented in this case is whether the California sale/transportation […]
Read/Write CommentsBLOG BULLETS: You can argue for an adjustment to the statutory mandatory minimum for time served on another sentence for related conduct even when the other sentence has been completed. The reasoning in cases from other circuits that reject such an adjustment overlook a parallel guideline provision, brush past the question of what makes up […]
Read/Write CommentsBLOG BULLETS: A recent Sentencing Commission report on the career offender guideline supports an argument that the guideline is not a product of Sentencing Commission research and expertise, and so not deserving of any deference for that reason. The report (a) confirms the guideline is solely the product of a Congressional directive; (b) has the […]
Read/Write CommentsBLOG BULLETS: A Tenth Circuit case supports the argument that the California drug statutes aren’t divisible and the holding to the contrary in Coronado v. Holder, 759 F.3d 977 (9th Cir. 2014), is wrong. The Tenth Circuit case does hold Coronado’s ultimate holding was correct, but it bases that holding on a conclusion that jury […]
Read/Write Comments