Sentencing — mandatory and discretionary conditions

Posted August 5, 2019 3:13 PM

Where a U.S. District Court failed to pronounce some mandatory and discretionary standards during an oral sentencing pronouncement, the mandatory conditions were still validly part of sentence, but discretionary conditions were not.The 7th U.S. Circuit Court of Appeals affirmed in part and reversed in part a decision by U.S. District Judge William M. Conley, Western District of Wisconsin.Christopher Anstice pleaded guilty to conspiring to distribute methamphetamine. Prior to sentencing, the probation office prepared a …

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Criminal procedure — denial of sentencing credit

Where defendant petitions seeking sentencing credit and the petition is denied, the denial is not a final or appealable order and the appellate court lacks jurisdiction to consider it.
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Where defendant pleads guilty due to the threat of being impeached by a prior conviction later found void ab initio and is sentenced based on the same conviction, he has suffered a constitutional violation.
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