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. When a defendant fails to object to an error before the trial court, Federal Rule...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!