Sentencing

United States v. Walker (P)

The district court properly rejected the defendant’s plea agreement, sustained the prosecution’s peremptory strike of an African-American juror before trial, and calculated the defendant’s Sentencing Guidelines range after his convictions for drug and firearms offenses. In finding the advisory Guidelines… Read More ›

United States v. Dennings (P)

The district court properly calculated the defendant’s Sentencing Guidelines range by including an offense characteristic enhancement for reckless endangerment during flight on foot. Here, the defendant’s situation involved flight plus something more. He fled from police sirens after having discharged a… Read More ›

United States v. Winbush (P)

The district court erred in substituting a previously unidentified conviction to sustain the appellant’s “career offender” designation. Thus, he must be resentenced without that enhancement. By habeas petition, the appellant brought a claim for ineffective assistance of counsel based on… Read More ›

Mitchell v. Green (P)

In this appeal of a dismissed 28 U.S.C. § 2254 petition, under Wall v. Kholi, 562 U.S. 545 (2011), the one-year limitations period prescribed by the Antiterrorism and Effective Death Penalty Act was tolled by the petitioner’s state court motion… Read More ›

Va. Dep’t of Corrs. v. Jordan (P)

The district court properly quashed a subpoena by two Mississippi death-row inmates who, in support of a challenge to their state’s lethal-injection procedures, sought documents and testimony about Virginia’s execution practices. The district court reasonably found that the petitioners didn’t… Read More ›

Bryant v. Commonwealth (U)

The court of appeals erred in dismissing the defendant-appellant’s appeal of his conviction, following guilty pleas to burglary with intent to rape, murder or rob while armed; malicious wounding; and assault on a person having a protective order against him…. Read More ›

Cox v. Commonwealth (U)

The defendant pled guilty to driving while intoxicated, second offense, possession of marijuana and felony hit and run. The trial court sentenced the defendant to a maximum sentence of five years, but the court also stated that it would reconsider… Read More ›

United States v. Hawley (P)

Following the defendant’s drug- and firearm-related convictions, the district court properly sentenced him to 57 months’ imprisonment. The district court imposed this sentence in part to account for the defendant’s criminal history, which included a prior sentence of 30 days’… Read More ›

United States v. Moore (P)

Prior to his federal sentencing for drug convictions, the defendant-appellant served seven months in state prison for related conduct. At sentencing, the district court reduced his mandatory-minimum sentence by seven months, over the government’s objection, to reflect his discharged state… Read More ›

United States v. Morris (P)

Because precedent at the time of the defendant’s 2013 sentencing did not strongly suggest that his career-offender enhancement was improper, counsel was not ineffective. Thus, the district court did not err in denying the defendant’s requested relief pursuant to 28… Read More ›

United States v. Mills (P)

Any error that the district court might have committed in treating the defendant’s prior North Carolina conviction as a crime-of-violence predicate was harmless because the court would have reasonably imposed the same 70-month sentence regardless of how it resolved a disputed… Read More ›

United States v. Simmons (P)

The district court erred in revoking the defendant’s supervised release and sentencing him to 36 months in prison after determining that the defendant committed the North Carolina offense of assault with a deadly weapon on a government official. The revocation… Read More ›

Massey v. Commonwealth (U)

The defendant’s probation officer impermissibly imposed a probation condition that contradicted an express term of probation the circuit court had imposed earlier. In that order, the circuit court expressly allowed the defendant to have contact with children under the supervision… Read More ›

United States v. Martin (P)

Under the U.S. Supreme Court’s recent precedent in United States v. Chavez-Meza (2018), the district court erred in not giving the defendants-appellants individualized explanations for its adverse rulings on their respective motions for sentence reductions under 18 U.S.C. § 3582(c)(2). One… Read More ›