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Appeals

Tenth Circuit Rejects Sentencing Bump for Off-Duty Officer

This Tenth Circuit case is interesting for two reasons. One, it accepts the government's concession that it's plain error to sentence an assault defendant more harshly simply because he was an off-duty police officer. Sentence vacated. Two, it's kind of the 1997 Julia Roberts movie My Best Friend's Wedding (but an R-Rated version where Rupert Everett almost gets shot).

Sixth Circuit Shrugs, Upholds Illegal 17+ Year Sentence Based on Mistaken ACCA Plea

Most criminal defendants try to avoid being sentenced under the Armed Career Criminal Act, which sets a 15-year mandatory minimum for certain defendants if they have three previous convictions for certain qualifying offenses. Defendant: In the district court, I pleaded guilty and accidentally agreed that I had three qualifying offenses. But in reality, I had only two! So my 212-month sentence is a mistake. Sixth Circuit: Shrugs. You and your lawyer should've been more careful.

En Banc Third Circuit Denies Rehearing, Blocking Alina Habba as Acting U.S. Attorney

In en banc news, the Third Circuit on Monday declined to reconsider its decision blocking Alina Habba from serving as acting U.S. attorney for New Jersey, denying the Justice Department's petition for rehearing and leaving intact a decision that sharply curtailed the government's use of creative maneuvers to install interim federal prosecutors.

Second Circuit Orders Acquittal in Drug Case Because Proof Isn’t Assumption

Defendant: Yes, the gov't proved there was a conspiracy to smuggle cocaine into the United States. And, yes, the gov't proved that I, an aircraft mechanic, entered the avionics compartment of an airplane to retrieve something  that I likely knew was illegal. But they didn't prove I knew it was narcotics. Second Circuit: You're right.