Defendant is appealing his 46-month sentence following a guilty plea for conspiracy to distribute cocaine in violation of 21 U.S.C. § 846. The sentence length was determined, as per Federal Sentencing Guidelines, using Defendant’s criminal history score. U.S.S.G. § 4A1.2. Defendant takes issue with the district court’s assignment of one point to his criminal history score for a prior marijuana conviction. We hereby affirm the sentence for the reasons stated below. I. FACTUAL HISTORY On August 16, 2011, Defendant pled guilty for conspiracy to distribute cocaine in violation of 21 U.S.C. § 846. There were no disputed facts at the time of the sentencing. A Presentence Investigation Report was conducted, by the Probation Office, to identify ameliorating …show more content…
II. STANDARD OF REVIEW A de novo standard has been adopted for appellate review of sentencing guideline issues regarding purely legal questions. United States v. Rodriguez–Lopez, 363 F.3d 1134, 1136–37 (11th Cir. 2004). In Barakat, the court clarified that interpretation and application of the United States Sentencing Guidelines is a purely legal question. United States v. Barakat, 130 F.3d 1448, 1452 (11th Cir. 1997). The harmless-error doctrine applies to appellate cases, and therefore errors that do not affect substantial rights must be disregarded. Fed. R. Crim. P. 52(a). IV. …show more content…
Fed. R. Crim. P. 52(a). Similarly, in Mathenia, the 11th District held that “a non-constitutional error is harmless if, viewing the proceedings in their entirety, a court determines that the error did not affect the sentence, or had but very slight effect. If one can say with fair assurance that the sentence was not substantially swayed by the error, the sentence is due to be affirmed even though there was error.” United States v. Mathenia, 409 F.3d 1289, 1290 (11th
Ms. Zikoviachi was sentenced to a conditional discharge with 9 month probation, required to attend Narcotics Anonymous Meetings regularly, as well as regular meetings with a parole officer that would be assigned to her. Persuasiveness: We found the position of the defense to be the most persuasive because they used the Ms. Zikoviachi’s personal life circumstances to convince the judge that while she did in fact commit the crimes she is being accused of, her life circumstances leading up to the event caused her to be forced into the situation of stealing. We found that the Crown’s arguments were very impersonal and based completely on the crime itself and not the circumstances surrounding it.
3. Whether the trial court erred in imposing two enhanced sentences. For the reasons that follow, we answer
In 150 Conn. 220, 187 A. 2d 744, The Connecticut Supreme Court of Errors held that the protection against self-incrimination under the Fifth
United States, an officer arrested and searched the accused because the officer believed that there was a warrant out for the accused. The admissibility of the evidence was at question. However, the court ruled that evidence found is admissible if the officer is acting out in good faith on an erroneous warrant. In our case Officer West was acting in good faith because he was acting on an erroneous warrant. It will be argued that Officer West was negligent toward the facts that were on the warrant, the description of the weight.
Introduction Today’s criminal justice system is made up of many processes that work together in removing criminals from our streets and rehabilitating individuals to be functioning members of society. Though our current system has shown success in many areas there are still many ways that it could be improved. Through Brandon Bledsoe’s case progression, the strongest and weakest links in our criminal justice system will be highlighted.
In 2006, a traffic police stop Adrian Moncrieffe on a federal highway leading to two federal cases. First legal proceedings following the arrest by the local police - a plea bargain habits and confidence in the criminal justice system of a Georgia drug crime hinging on ownership by a small amount of marijuana. Based on the belief that alone, the U.S government proceedings the process in immigration court for a removal requests of Moncrieffe.
Following a jury trial in the Circuit Court for Baltimore County, appellant, James Davis (“Davis”), was convicted of one count of robbery with a dangerous weapon, three counts of use of a handgun in a felony or crime of violence, three counts of first-degree assault, and one count of first-degree burglary. For his offenses, Davis was sentenced to a total of thirty years’ incarceration. Davis appealed his conviction and the computation of his sentences. We affirmed the judgments in an unreported opinion. Davis v. State, No. 2509, Sep. Term 2003 (Md. Ct.
Three-Strikes Law It is my intention to establish a relationship between the three strikes law and retention rates of prisoners incarcerated for low level offenses. Before I begin to discuss the three-strikes law, it is imperative that I give some background information on sentencing guidelines. During the 1970 's the incarceration sentences imposed were indeterminate, meaning the judge had the discretion to sentence an offender on a case by case basis and sentencing a person to state prison or county jail was supposed to be to rehabilitate that person so he/she could re-enter society. Often time’s prisoners were sentenced to different amounts of time for similar offenses.
Introduction Crime, its punishment, and the legislation that decides the way in which they interact has long been a public policy concern that reaches everyone within a given society. It is the function of the judicial system to distribute punishment equitably and following the law. The four traditional goals of punishment, as defined by Connecticut General Assembly (2001), are: “deterrence, incapacitation, retribution, and rehabilitation.” However, how legislature achieves and balances these goals has changed due to the implementation of responses to changing societal influences. Mandatory minimum sentences exemplify this shift.
A national assessment of 29 drug courts found that some these tribunals altogether diminish drug backslide and criminal conduct, both elements that improve the probability of imprisonment (Rossman, 2011). Research demonstrates that drug court members were necessarily more improbable than the examination gatherings to report utilizing illegal drugs (56% versus 76%) and had fundamentally less useful biomarker tests for drug use (29% versus 46%) at 18-month preliminary. Drug court members were likewise altogether more averse to report perpetrating violations (40% versus 53%). A meta-analysis of 18 essentially semi-exploratory investigations of psychological well-being court 's demonstrated that emotional wellness court members additionally would be wise to criminal equity results than comparative correlation bunches (Journal of Criminal Justice, 2011). Be that as it may, emotional well-being courts have for the most part not been compelling at enhancing psychological wellness results—and poor mental well-being results may add to inevitable detainment (Law and Human Behavior, 2011).
This help the Officer make an appropriate recommendation for the Offender. Superior Court and Court of Common
The defendant was also ordered to complete 300 hours of community
This ruling is controversial because many say that this will let guilty people go free on police carelessness, while others say that the constitution is not a technicality and allows for the equal prosecution of all
For the mistake to be operative, the mistake by one party must be as to the terms of the contract itself. See: A mere error of judgement as to the quality of the subject matter will not suffice to render the contract void for unilateral mistake. See: • Smith v Hughes (1871) REMEDY Equity follows the law and will rescind a contract affected by unilateral mistake or refuse specific performance as in: • Webster v Cecil (1861) 30 Beav 62 (B) MISTAKE AS TO IDENTITY
However, can the civil justice be said to be without blemish whatsoever? Let us further explore the merits of the civil