Figgs timely appealed his sentence on double jeopardy grounds his sentences for carjacking with a firearm, sentences, and armed robbery. He contends that the trial court committed fundamental error in adjudicating him guilty and sentencing him on both the armed...
Tampa Federal Criminal Defense Lawyer
Sentencing
Important Federal Sentencing Guidelines Decision
In Rodriguez, the Eleventh Circuit Court of Appeals vacated a four-level enhancement under federal sentencing guidelines section 2B1.1(b)(2)(B), after concluding that the Government had failed to present any "reliable and specific evidence" to support its contention...
Rules for Withdrawing a Guilty Plea after Sentencing
The Florida Supreme Court in Campbell v. State, 38 Fla. L. Weekly S727a (Fla. 2013) found that a defendant is not entitled to withdraw a plea of guilty or nolo contendere following the rendition of a sentence, based solely on the trial court's failure to formally...
Grand Theft Conviction Reversed
In McComas v. State, the defendant was convicted of armed burglary of a dwelling, dealing in stolen property, grand theft (of several items), possession of a firearm by a convicted felon, and grand theft of a firearm. 38 Fla. L. Weekly D2134b (Fla. 5th DCA 2013).For...
Felon in Possession Convictions Violate Double Jeopardy
In Bell v. State, 38 Fla. L. Weekly D2105b (Fla. 2nd DCA 2013), Bell sought review of his convictions and sentences for felon in possession of a firearm and felon in possession of ammunition. Bell contended that the dual convictions violated double jeopardy.The Second...
The Alleyne Decision
Alleyne v. U.S., No. 11-9335 (U.S. Sup. Ct. June 17, 2013) (Justice Thomas)In Alleyne, the Supreme Court, by a 5-4 vote, reversed its much maligned decision in Harris v. U.S., 536 U.S. 545 (2002), which held that the Apprendi rule does not bar a sentencing judge from...
United States may reform minimum sentencing laws: part one
Since 2008, the number of people detained in federal prisons has steadily risen. Federal prisons are now filled to 139 percent of their capacity, with the prison population growing daily. One of the reasons for this growth - a reason that has frustrated criminal...
Florida Has Lengthiest Prison Sentences in the Nation
According to a recent study, Florida's inmates serve the longest relative prison sentences in the country. On the surface it looks like Florida's tough criminal laws are working, but a closer look at the statistics reveals another story.The Pew Center on the States...
Crimes of Violence Under §2l1.2 Warranting 16 Level Enhancement
This list was created to assist attorneys in determining whether or not a prior conviction is a crime of violence warranting a 16 level enhancement under U.S.S.G. §2L1.2(b)(1)(A)(ii). This list will be updated on a monthly basis. It will attempt to include the...
The Supreme Court of the United States rules that The Fair Sentencing Act’s new, lower mandatory minimums apply to the post-Act sentencing of pre-Act offenders.
BREYER, J., delivered the opinion of the Court, in which KENNEDY, GINSBURG, SOTOMAYOR, and KAGAN, JJ., joined. SCALIA, J., filed a dissenting opinion, in which ROBERTS, C. J., and THOMAS and ALITO, JJ., joined.This opinion was taken from the syllabus prepared by the...