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The exception to this rule occurs when the court determines that such use would violate the ex post facto clause of the Constitution – in other words, if the sentencing guidelines have changed so as to increase the penalty "after the fact", so that the sentence is more severe on the sentencing date than was established on the date that the ...
The Sentencing Table [7] in the Guidelines Manual [8] shows the relationship between these two factors; for each pairing of offense level and criminal history category, the Table specifies a sentencing range, in months, within which the court may sentence a defendant. For example, for a defendant convicted on an offense with a total offense ...
Next, the Court engages in a three-factor test, considering: (1) the gravity of offense, (2) an inter-jurisdictional comparison of the sentences for crime, and (3) an intra-jurisdictional comparison of the sentence given. [6] For example, the Eighth Amendment prohibits the imposition of the sentence of life without the possibility of parole on ...
Many courts use a script of the questions which the judge will ask the defendant and the defense attorney in a specific order. Failure by the court to advise the defendant of any of the above points will supply the grounds for a collateral attack on the plea; if such an attack is successful, the guilty plea will be withdrawn, and the defendant ...
A Texas Panhandle man was sentenced Wednesday to life plus 300 years in federal prison after he pleaded guilty to aggravated sexual assault of a child and 10 counts of producing child pornography ...
Kenneth Turan writing for the Los Angeles Times called the movie, "a personal and horrifying look at the effect of mandatory minimum prison sentences" [3] Dennis Harvey from Variety magazine said that the documentary was "earnest but flawed", stating: "The subject is inherently engrossing, but a better documentary could (and probably will) be ...