zlg, 1/1 archive, I`m always asked whether the court can impose a harsher sentence if someone is successful in vacating their conviction or sentence under 28 U.S.C. sec 2255. My answer is always the same: It depends, but it can happen. Usually, a sec 2255 motion attacking a guilty plea opens the door for any […]
zlg, dc 1/1 archive, Tracking the numbers of federal child pornography convictions across the country isn`t easy. Federal prosecutors are given broad discretion in what charges to bring (or not bring), and what charges to drop in order to induce a guilty plea. They also control, to an extent, the final sentence by the type […]
Way back in 2003, Justice Kennedy said in an opinion on a state sex-offense case that “the risk of recidivism posed by sex offenders is frightening and high.” Smith v. Doe, 538 U.S. 84 (2003). He backed this statement by saying that reoffense by sex offenders “has been estimated to be as high as 80%.” […]
zlg, dc 1/1 archive, title USSC Report Highlights Problems with Sentencing in Child Porn Cases] If Congress wants to complain that federal judges are “too lenient” on child pornography offenders, it may want to take a look at a recent report by the U.S. Sentencing Commission (USSC) for some answers. The Report, titled Federal Sentencing […]
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Zen Law Guy 