CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Saturday, December 9, 2017

Yesterday's criminal law/procedure cert grants

Issue summaries are from ScotusBlog, which also links to papers:

  • Koons v. United StatesWhether a defendant who is subject to a statutory mandatory minimum sentence, but who substantially assisted the government and received a sentence below the mandatory minimum pursuant to 18 U.S.C. § 3553(e), is eligible for a further sentence reduction under 18 U.S.C. § 3582(c)(2), when the Sentencing Commission retroactively lowers the advisory sentencing guidelines range that would have applied in the absence of the statutory mandatory minimum.
  • Hughes v. United StatesWhether, as a four-justice plurality in Freeman v. United States concluded, a defendant who enters into a Federal Rule of Criminal Procedure 11(c)(1)(C) plea agreement is generally eligible for a sentence reduction if there is a later, retroactive amendment to the relevant Sentencing Guidelines range.
  • United States v. Sanchez-Gomez: Whether the U.S. Court of Appeals for the 9th Circuit erred in asserting authority to review respondents' interlocutory challenge to pretrial physical restraints and in ruling on that challenge notwithstanding its recognition that respondents' individual claims were moot.

https://lawprofessors.typepad.com/crimprof_blog/2017/12/yesterdays-criminal-lawprocedure-cert-grants.html

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