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Seventh Circuit Admits Prisoner is Right but Denies Relief, Suggests Clemency
Loaded on July 10, 2014
published in Prison Legal News
July, 2014, page 43
Filed under:
U.S. Sentencing Guidelines,
Pardons/Clemency,
Overdetention,
Federal Statutory Law.
Location:
United States of America.
Seventh Circuit Admits Prisoner is Right but Denies Relief, Suggests Clemency
The Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e), mandates sentence enhancements for certain federal defendants who commit crimes with firearms; those who have three or more prior “violent felonies” or “serious” drug offenses face a minimum 15-year ...
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More from this issue:
- Update on PLN Suit Against Nevada DOC
- Seventh Circuit: No Qualified Immunity for Diabetic Detainee’s Death, by Mark Wilson
- SEC Rejects CCA, GEO Group Shareholder Resolutions to Reduce Prison Phone Rates
- Administrators Fired at Privately-Run Texas Jail
- Systemic Changes Follow Murder of Colorado Prison Director, by John Dannenberg
- Prison Closures Cause Economic Turmoil
- Do Faith-Based Prisons Work?, by Alexander Volokh
- North Carolina Repeals Racial Justice Law
- North Carolina: Hundreds of Federal Prisoners Legally Innocent, Some Still Incarcerated, by Derek Gilna
- Seventh Circuit Admits Prisoner is Right but Denies Relief, Suggests Clemency
- New York Prisoner Awarded Sanctions for Spoliation of Evidence; Case Settles for $500,000, by Mark Wilson
- Judge May Resolve Exhaustion Issue; No Policy on Grievance Non-decisions Means Remedies Unavailable, by David Reutter
- Seventh Circuit Reverses Summary Judgment in Dental Care Suit, by David Reutter
- Prison Officials Liable for Private Employer ADA Violations, by Mark Wilson
- Habeas Petitioner Cannot Avoid Payment of Appellate Filing Fees, by Michael Brodheim
- Oregon Victim’s Right to Restitution Survives Prosecutor’s Statutory Violation, by Mark Wilson
- England, Increasing Number of States Allow Same-Sex Prisoner Marriages or Civil Unions
- Illinois $50 State’s Attorney Fee Applies Only to Habeas Proceedings, by Mark Wilson
- Flimsy Reasons for Prolonged, Frequent Lockdowns State Eighth Amendment Claim, by David Reutter
- BOP Grievance System Contributes to “Compliance or Defiance” by Prisoners, by Derek Gilna
- New York Jail Guard Sentenced for Sexually Abusing Seven Prisoners
- Brady Violations Result in Habeas Relief for Pennsylvania Death Row Prisoner, by David Reutter
- Kentucky Prisoner’s Due Process Rights Violated in Disciplinary Hearing, by Robert Warlick
- Jury’s Tasteless Gag Gifts to Judge and Bailiff Fail to Demonstrate Unfair Trial
- Prison Industries in India Compete in Open Market
- Visitors Fingerprinted at Alabama Prisons
- Two Murders in Seven Months at CCA-run Prison in Tennessee
- Decline in Arrests of Los Angeles County Probation Officers
- Louisiana Public Service Commission Considers Prison Phone Issues
- Ninth Circuit: Damages Required for Compelled Religious-Based Treatment, by Mark Wilson
- Eighth Circuit: No Qualified Immunity for Detainee’s Overdose Death, by Mark Wilson
- Prisoners Unlikely to Benefit from New, Highly Effective Hepatitis C Treatment, by Greg Dober
- Oregon Parole Board: “Don’t Have to Explain Nothing to Nobody”
- Preliminary Injunction Entered in PLN Censorship Suit Against Ventura County, California
- Bonnie Kerness: Pioneer in the Struggle Against Solitary Confinement, by Lance Tapley
- From the Editor, by Paul Wright
- News in Brief
- Two Corrections Chiefs Serve Time in Segregation, by Christopher Zoukis
More from these topics:
- Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes, May 15, 2024. U.S. Sentencing Guidelines, Career Offenders, Recidivist Enhancements.
- Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them, May 15, 2024. U.S. Sentencing Guidelines, Possession or Use of Firearms, Vicarious Liability, Safety Valve.
- Eighth Circuit Announces ‘Categorical Approach’ Applies to SORNA Tier Analysis, April 15, 2024. Sex Offender Registration, U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Military.
- U.S. Sentencing Commission Greenlights Retroactive Sentence Reductions, March 1, 2024. U.S. Sentencing Guidelines, Guideline Amendment/Variances and Retroactivity.
- Oklahoma Parole Board Resignations Threaten Prisoner Clemencies, March 1, 2024. Parole Board Misconduct, Pardons/Clemency.
- Ninth Circuit Announces District Courts Must Either Orally Pronounce All Discretionary ‘Standard’ Conditions of Supervised Release in the Presence of Defendant or Provide Conditions in Writing Prior to Sentencing, Feb. 15, 2024. U.S. Sentencing Guidelines, Applicable Guidelines Issues, Sentencing Hearing, Right to be Present, Conditions of, Remands/Rehearings/Resentencings.
- Fifth Circuit Announces Revocation Judgments for Violation of Supervised Release Vacated Because Underlying Sentence Vacated, Feb. 15, 2024. U.S. Sentencing Guidelines, Resentencing, Revocation/Modification of Probation, etc., Revocation Proceedings.
- Fifth Circuit Denies Qualified Immunity to Louisiana Prison Chief for Prolonging Prisoner’s Detention with Sex Offender Misclassification, Feb. 1, 2024. Overdetention, Qualified Immunity, Supervisory Liability, Unlawful Detention, Sex Offender Classification.
- Second Circuit Says New York Prisons Must Answer for Denying Court-Ordered Rehab, Feb. 1, 2024. Release and Reentry, Overdetention, Drug Treatment/Rehab, Unlawful Detention.
- Seventh Circuit Reinstates Claim of Illinois Prisoner Held 18 Months After Release for Refusing to Sign Incomplete Form, Feb. 1, 2024. Retaliatory Segregation, Overdetention.