Legal News

Court of Appeals Throws Out ‘Career Offender’ Sentencing
Download PDF
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...

On Wednesday, the 2nd U.S. Circuit Court of Appeals held in a case, “the district court’s error in sentencing (defendant Paul) Reyes as a career offender on this record affected his substantial rights because it resulted in an elevated offense level.” This, the appeals court held was inconsistent with the US Sentencing Guidelines. The appeals court threw out the 15 ½ year prison sentence of Paul Reyes, finding that a trial judge may not adopt inconsistent findings about the prior convictions of a defendant.

In July 2008, Reyes pleaded guilty to robbing $ 14,000 from a bank in Manhattan and threatening a bank employee with something that appeared to be an explosive device. Chief Judge Loretta Preska in the Southern District of New York agreed with the position of the prosecution that having been previously convicted twice for crimes of violence, the accused should be considered as a “career offender” for the purposes of sentencing.

On 7 April 2010, Reyes was sentenced to 188 months in prison. Reyes appealed, arguing that the court had committed an error in adopting the PSR’s conclusions that he was a career offender. The 2nd U.S. Circuit Court of Appeals agreed and sent back the case for resentencing.

  
What
Where


According to the panel, the issue was “whether a district court may rely on a PSR’s description of a defendant’s pre-arrest conduct that culminated in a prior conviction to determine whether that prior conviction constitutes one for a ‘crime of violence’ under U.S.S.G. 4B1.2(a)(1), where the defendant makes no objection to the PSR’s description.”

And the appeals court was unanimous in finding “We hold that it may not.”

The case is United States v. Reyes in the 2nd U.S. Circuit Court of Appeals, No. 10-1400.

Get JD Journal in Your Mail

Subscribe to our FREE daily news alerts and get the latest updates on the most happening events in the legal, business, and celebrity world. You also get your daily dose of humor and entertainment!!






 

RELEVANT JOBS

Attorney/Litigation - Reno, NV

USA-NV-Reno

The Reno, NV office of Blanchard, Krasner & French seeks associate attorney with a minimum of 5+ yea...

Apply now

Attorney / Transactional - Reno, NV

USA-NV-Reno

The Reno, NV office of Blanchard, Krasner & French seeks associate attorney with a minimum of 5+ yea...

Apply now

Business Manager for Top Law Schools- Remote Position

USA-UT-Ephraim

We are looking for a dynamic, committed, hard-working recent law school graduate who wants to gain b...

Apply now

Business Manager for Top Law Schools - Remote Position

USA-NV-Las Vegas

We are looking for a dynamic, committed, hard-working recent law graduate who wants to gain broad-ba...

Apply now

BCG FEATURED JOB

Locations:

Keyword:



Search Now

Corporate/Transactional Attorney

USA-IA-Des Moines

Des Moines office of a BCG Attorney Search Top Ranked Law Firm seeks corporate/transactional attorne...

Apply Now

Corporate Attorney / Counsel

USA-NY-New York City

New York City office of a BCG Attorney Search Top Ranked Law Firm seeks corporate attorney with 5+ y...

Apply Now

Housing Finance Associate Attorney

USA-MN-Minneapolis

Minneapolis office of a BCG Attorney Search Top Ranked Law Firm seeks a housing finance associate at...

Apply Now

Most Popular

SEARCH IN ARCHIVE

To Top