We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

High Court Addresses Reality Of Modern Criminal Sentencing

Law360 (June 21, 2018, 1:43 PM EDT) -- On Monday, the U.S. Supreme Court issued its opinion in Rosales-Mireles v. United States. Read together with the court’s 2016 decision in Molina-Martinez v. United States, this opinion establishes a presumption that a defendant is entitled to resentencing whenever the district court makes a clear error in calculating a defendant’s United States Sentencing Guidelines range, even if the error was raised for the first time on appeal.

Rosales-Mireles and Molina-Martinez both address the application of the plain error doctrine to cases where the defendant was sentenced based on an erroneously high guidelines range....
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.