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Showing posts from July, 2013

Career Offenders Convicted of Crack Offenses Are Not Eligible for a Sentence Reduction Pursuant to 18 U.S.C. § 3582(c) if the District Court Granted a Downward Departure Under U.S.S.G. § 4A1.3 at Sentencing

In United States v. Flemming, No. 12-1118, the Third Circuit held that crack defendants who were designated as career offenders, but were granted downward departures from their career offender status pursuant to U.S.S.G. § 4A1.3, are not entitled to a sentence reduction under 18 U.S.C. § 3582(c).

Flemming’s crack guideline range was 92 to 115 months imprisonment under U.S.S.G. § 2D1.1. Due to his designation as a career offender under U.S.S.G. § 4B1.1(a), however, his resultant guideline range became 262 to 327 months. The district court found that the career offender guideline overstated Flemming’s criminal history and granted a downward departure pursuant to U.S.S.G. § 4A1.3, finding that the crack guideline range of 92 to 115 months was more appropriate. The court ultimately sentenced Flemming to 175 months - 115 months for the crack offense, and a consecutive 60 month sentence for his 18 U.S.C. § 924(c) conviction. The district court reduced Flemming’s sentence under Amendme…

Court Finds Longest Insider-Trading Sentence Ever Imposed Reasonable (and rejects other sentencing challenges)

In United States v. Kluger, No. 12-2701 (July 9, 2013), the Court addressed numerous challenges to Kluger’s mid-range, 144-month sentence, "a term thought to be the longest insider trading sentence ever imposed." Kluger, a law student, and then lawyer for five different securities law firms over the course of his career, was the source of tips for a three-man insider-trading scheme that spanned seventeen-years, "and, so far as is known, constituted the longest such scheme in United States history." The Court rejected Kluger’s complaints about the calculation of his Guidelines range, purported procedural errors in his sentencing, and the procedural and substantive reasonableness of his lengthy term of imprisonment.

Guidelines calculation: Under § 2B1.4, the district court attributed all of the scheme’s monetary gain (nearly $50 million) to Kluger, even though his share of the profits was far less than that of one of his co-defendants. Kluger and both of his co-def…

Under The Speedy Trial Act, The Trial Clock Remains Tolled In The Time Period Between a Competency Evaluation and a Court's Final Determination of Competency.

In a matter of first impression, the Third Circuit held that the time statutorily excludable under the Speedy Trial Act (18 U.S.C. §3161(h)(1)(A)) for a competency evaluation extends past the actual examination and continues until the court has made a final determination concerning a defendant’s competency.  U.S. v. Graves, No. 12-2688,  (3d Cir. June 21, 2013)

    Appellant Lee Graves was arraigned on March 2, 2011 on one count of possession of cocaine with intent to distribute, in violation of 18 U.S.C. §841and §846.  At the arraignment hearing, held on March 31, 2011, a magistrate judge ordered a competency evaluation pursuant to 18 U.S.C. §4241(b).   Although the trial had been scheduled to start on June 3, 2011, the Bureau of Prisons (“BOP”) did not complete an evaluation report until June 22, 2011.  The report was mailed on June 28, 2011 and received, at the earliest, by the court on July 7, 2011.  A status hearing was held on September 21, 2011, during which the District Court…