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Circuit Snippets

By Shari Allison

US v. Lanham, No. 08-6504 (6th Cir. 8/24/10): Even though the guidelines are now advisory, ex post facto concerns support applying the guidelines in effect at the time of the offense rather than at the time of sentencing if the later guidelines are harsher, the Sixth Circuit said. There is a circuit split on this issue. The D.C. Circuit and the 4th Circuit have also held that ex post facto concerns are still applicable, but the 7th Circuit in US v. Demaree, 459 F.3d 791 (7th Cir. 2006), held that the advisory nature of the guidelines and the district court's ability to vary means that amendments do not create a "significant risk of increased punishment."US v. Rains, No. 09-50724 (5th Cir. 8/23/10): A prior 924(c) conviction for possession of a firearm in furtherance of a drug-trafficking crime or crime of violence is a "felony drug offense" supporting imposition of a mandatory minimum life sentence under 21 USC 841 if the record establishes that the prior conviction involved drug trafficking...continue to full post

Full post as published by Tenth Circuit Blog on September 13, 2010 (boomark / email).