ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Federal Judiciary Blogs -> Ninth Circuit Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Federal Judiciary

: Ninth Circuit Blog

ADVERTISEMENTS
U.S. v. Wesson, No. 08-30177 (10-19-09). What's worse than being sentenced for a crack offense? Being sentenced as a career offense. The 9th joins its sister circuits (1st, 2nd, 3rd, 6th, 7th, and 8th) in holding that because a defendant was sentenced as a career offender, he is thus not eligible for a reduction of his prior sentence under amendment 706. The defendant had been convicted of a crack drug offense. He was a career offender, and the district court sentenced him as such, and the court's departure for diminished capacity (5K2.13) was from the career offender guideline. His sentence was not under 2D1.1. The departure did not change this analysis, and indeed, the district court stated that it had sentenced him as a career offender. The 9th (Tallman joined by W. Fletcher and Gould) did state that its analysis might be different if the district court had found that the career offender guideline overstated the seriousness of the offense, and had sentenced him, through a departure, under 2D1.1. That was not the case here.

Full post as published by Ninth Circuit Blog on October 19, 2009 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0121 secs (new cache)