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The Government argued that applying the jury-trial requirement to sentencing enhancements promulgated by a commission would transform those enhancements into a criminal code, resulting in an unconstitutional delegation of legislative power to the judicial branch. In Mistretta v.
The Armed Career Criminal Act of 1984 (ACCA) [1] is a United States federal law that provides sentence enhancements for felons who commit crimes with firearms if they are convicted of certain crimes three or more times. Pennsylvania Senator Arlen Specter was a key proponent for the legislation. [2]
The Sentencing Reform and Corrections Act (S. 2123, also called the Sentencing Reform and Corrections Act of 2015 or SRCA) is a bipartisan [1] criminal justice reform bill introduced into the United States Senate on October 1, 2015, by Chuck Grassley, a Republican senator from Iowa and the chairman of the United States Senate Committee on the Judiciary.
The United States District Court for the Southern District of Indiana overruled his objection and re-imposed the 15-year sentence. [2] Erlinger appealed to the United States Court of Appeals for the Seventh Circuit, which affirmed his sentence, holding that the government was only required to prove the burglary question to the judge by a preponderance of the evidence, as opposed to beyond a ...
The victimization of the government official need not be the offense of conviction; it is possible, for instance, for the defendant to be convicted of robbing a bank and to get the official victim enhancement for harming a uniformed police officer as he escapes. The assault on the officer is considered relevant conduct. [3]
A federal appeals court on Wednesday vacated the 14-year sentence of disgraced lawyer Michael Avenatti, who was convicted of swindling his clients, and ordered he be resentenced. Avenatti, who ...
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Proposition 36 would impose mandated drug treatment for some drug crimes, add new penalties for some theft and drug offenses and add new sentencing enhancements that would apply to any crime. Drugs