Jaime T. Halscott
Jaime T. Halscott is the Managing Partner of Appeals Law Group, a Florida-based law firm concentrating in criminal appeals, civil appeals, post-conviction relief, habeas corpus petitions, and executive clemency petitions. He can he reached at 407-255-2165 or www.appealslawgroup.com
In today’s Third Circuit Criminal Caselaw Roundup we’ll be discussing the latest in developments of Federal criminal law, criminal appeals, and post-conviction relief from the United States Court of Appeals for the Third Circuit.
Cases that we’ll cover include Conspiracy to Commit a Hobbs Act Robbery, 18 U.S.C. § 1951(a), Conspiracy to Possess with Intent to Distribute At Least Five Kilograms of Cocaine, 21 U.S.C. § 841(a) and (b)(1)(A) and 21 U.S.C. § 846, Possession of a Firearm in Furtherance of a Drug Offense, 18 U.S.C. § 924(c), Felon In Possession of a Firearm, 18 U.S.C. § 922(g)(1), Career Offender, controlled substance offense, crime of violence, inchoate crime, and more.
The Third Circuit Criminal Caselaw Roundup is a blog and video podcast by criminal defense and appeals lawyer Jaime T. Halscott, summarizing the latest developments in criminal law, criminal appeals, and post-conviction relief in the United States Court of Appeals for the Third Circuit. Each week we digest the latest reversed decisions of interest from United States Court of Appeals for the Third Circuit and the United States Supreme Court.
This is a FREE service designed to give you the cutting edge of developments in Federal criminal law, criminal appeals, and post-conviction relief.
Visit him at www.appealslawgroup.com
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CLICK TO READ United States v. Robert Smith, Docket # 16-4301
Defendant was convicted of Conspiracy to Commit a Hobbs Act Robbery, 18 U.S.C. § 1951(a); Conspiracy to Possess with Intent to Distribute At Least Five Kilograms of Cocaine, 21 U.S.C. § 841(a) and (b)(1)(A) and 21 U.S.C. § 846, Possession of a Firearm in Furtherance of a Drug Offense, 18 U.S.C. § 924(c) and Felon In Possession of a Firearm, 18 U.S.C. § 922(g)(1). Prior to sentencing, Defendant was designated a Career Offender. Without that designation, he would have been sentenced with an offense level of 34 and a criminal history category of V, facing a Guideline range of 295–353 months’ imprisonment. With the Career Offender label, his offense level became 37 and his criminal history category became VI, facing a Guideline sentence of 360 months to life imprisonment. Defendant was sentenced to 360 months imprisonment. He appealed and challenged his sentence.
While his appeal was pending, the Third Circuit decided United States v. Nasir, 17 F.4th 459 (3d Cir. 2021) (en banc), and United States v. Abreu, 32 F.4th 271 (3d Cir. 2022), in which the Third Circuit held that a “controlled substance offense” or “crime of violence” for purposes of Career Offender designation did not include inchoate crimes, such as conspiracy.
As a result of those two decisions, Defendant no longer had any offenses of conviction that would count as a crime of violence or a controlled substance offense and he is not a career offender. The Court held that Defendant’s designation as a Career Offender was plain error and reversed his sentence even though he never preserved the issue by a timely objection. The case was remanded for a new sentencing hearing.
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SPECIFIC SEARCH TERMS (TAGS)
Conspiracy to Commit a Hobbs Act Robbery, 18 U.S.C. § 1951(a), Conspiracy to Possess with Intent to Distribute At Least Five Kilograms of Cocaine, 21 U.S.C. § 841(a) and (b)(1)(A) and 21 U.S.C. § 846, Possession of a Firearm in Furtherance of a Drug Offense, 18 U.S.C. § 924(c), Felon In Possession of a Firearm, 18 U.S.C. § 922(g)(1), Career Offender, controlled substance offense, crime of violence, inchoate crime
