Sentencing

People who fight multicount indictments at trial lose even if they beat most of the charges—all it takes is one conviction to face a sentence that reflects every count charged. But that may be starting to change (view full article).

The US Sentencing Commission is expected on Wednesday to vote on an amendment that would eliminate acquitted conduct from the definition of relevant conduct for purposes of calculating the guidelines range.

From footnote nine of this Second Circuit opinion, you get the sense that the court (2-1) doesn't think it should take 26 pages and a chart to explain why a racketeer who shot and killed someone committed a "crime of violence." Concurrence: Oh stop it. There is no reason to criticize the categorical approach. It promotes judicial efficiency and better protects defendants at sentencing, which we should do.

The case is United States v. Morris, 16-00006 (2d Cir. Mar. 7, 2023).

Today, the United States Sentencing Commission published its 2022 Annual Report and Sourcebook of Federal Sentencing Statistics.

Here are some Fiscal Year 2022 Data Highlights:

In his 2023 Year-End Report on the Federal Judiciary, Chief Justice John G. Roberts Jr. focused on the new technology while steering clear of Supreme Court ethics.

The Justice Department on Friday said in court papers that it would seek to execute the gunman who killed 10 Black people in a racist massacre at a Buffalo supermarket in May 2022. It is the first time that President Biden’s administration has sought the death penalty in a new case (view full article).

Is it okay for a criminal-defense counsel to tell his (Black) client that if he goes to trial, the jury "would be culled of any minorities" and he'd be tried before an all-white jury? Tenth Circuit: No, it is definitely not okay. And given that misrepresentation about the right to a fair and impartial trial, the client's resulting guilty plea can't be said to have been knowing and voluntary. He gets to withdraw his guilty plea.

The U.S. Senate voted Tuesday evening to confirm President Biden's pick for a seat on the bench in the U.S. District of Oregon (view full article).

Federal prosecutors in New York on Wednesday announced the arrest of the first five people to face criminal charges arising out of an ongoing investigation into the widespread theft of $1 million worth of checks since 2021 intended for court-appointed lawyers (view press release).

“Black drivers have a problem in Richmond, Virginia. Richmond Police Department (‘RPD’) officers stop Black drivers five times more frequently than white drivers.” 

These are the opening lines in United States v. Kieth Moore, No. 3:21-cr-00042 (E.D.V.A. Feb. 12, 2024), dismissing an indictment for felon-in-possession of a firearm after finding that Mr. Moore had proven selective prosecution involving RPD traffic stops. 

The use of artificial intelligence (AI) in law enforcement investigations continues to put innocent people, especially innocent people of color, at risk of wrongful arrest. Artificial intelligence technologies are being developed and implemented by law enforcement agencies across the country. Police increasingly use AI tools to surveille communities, investigate crimes, and collect large amounts of data related their targets. However, with this increased use of AI in policing, comes a growing number of innocent people being wrongfully arrested.