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HOT TOPICS
- Crack Cocaine Guideline Amendments
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- The Adam Walsh Child Protection and Safety Act of 2006
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PANEL
ATTORNEY PROGRAMS March 26-28, 2009 Location: Santa Fe, New Mexico COMBINED
FEDERAL DEFENDER STAFF and PRIVATE CJA PRACTITIONERS PROGRAMS FEDERAL DEFENDER PROGRAMS ORIENTATION SEMINAR FOR ASSISTANT FEDERAL DEFENDERS November 17-18, 2008 Location: Santa Fe, New Mexico FINANCIAL
ASSISTANCE FOR View the Full Training Schedule |
Supreme Court Grants Cert in RICO and Six Other Criminal Cases
On October, 1, 2008, the Court granted cert in Boyle v. United States (07-1309). The Court will address whether proof of an association-in-fact enterprise under the RICO statutes, 18 U.S.C. §§ 1962(c)-(d), requires at least some showing of an ascertainable structure beyond that inherent in the pattern of racketeering activity in which it engages.The Court granted cert in six other cases presenting issues of criminal law and procedure:
Corley v. United States (07-10441) (whether 18 U.S.C. §§ 3501 and Fed. R. Crim. P. 5(a) requires that a confession taken more than six hours after arrest and before presentment be suppressed if there was unreasonable or unnecessary delay in bringing the defendant before the magistrate).
Puckett v. United States (07-9712) (whether a forfeited claim that the government breached a plea agreement is subject to the plain-error standard of Fed. R. Crim. P. 52(b)).
Montejo v. Louisiana (07-1529) (whether, when an indigent defendant's right to counsel has attached and counsel has been appointed, the defendant must take additional affirmative steps to "accept" the appointment in order to preclude police-initiated interrogation without counsel present).
Kansas v. Ventris (07-1356) (whether a criminal defendant's voluntary statement obtained in the absence of a knowing and voluntary waiver of the Sixth Amendment right to counsel is admissible for impeachment purposes).
Rivera v. Illinois (07-9995) (whether the erroneous denial of a criminal defendant's peremptory challenge that resulted in the challenged juror being seated requires reversal of a conviction).
Vermont v. Brillon (08-88) (addressing speedy trial rights where the public defender is the cause of the continuances and delays).
For more information on these cert grants, and other criminal cases pending before the Supreme Court, click here.
Sentencing Commission Announces its Proposed Policy Priorities for 2009
The USSC has given notice of its proposed policy priorities for the 2009 guideline amendment cycle. These include: work on federal sentencing policy in light of Booker and its progeny, including recommending legislation concerning federal sentencing policy and studying mandatory minimum penalties; consideration of alternatives to incarceration; implementation of recently enacted crime legislation, including the Court Security Improvement Act of 2007; consideration of miscellaneous guideline application issues, such as commission of an offense while on release (§3C1.3); resolution of circuit conflicts; work on cocaine sentencing policy regarding the crack-powder disparity; and study of the definition of "crime of violence". The period for public comment concluded on September 8, 2008. Click here and here for the federal defender community's response to these priorities.