Justia Criminal Law Opinion Summaries

The defendant pled guilty to being a felon-in-possession, (18 U.S.C. 922), and was sentenced on April 14, 2010, to 110 months imprisonment. On April 7, 2010, the U.S. Sentencing Commission had voted to eliminate the use of "recency" points in calculating sentences; the amendment became effective on November 1, 2010 and is not listed as retroactive. Had the amendment applied, the defendant's criminal history category would have been CHC V, instead of CHC VI, and his guideline sentencing range would have been 100-120 months, rather than 110-120 months. The First Circuit affirmed, holding that the district court acted within its discretion and did not find that the defendant's criminal history was overstated, referring to his persistent and unrelenting criminal violence. The defendant already "got a break;" he could have been charged with a drug offense and as a career criminal.

The defendant was convicted under the Child Support Recovery Act, 18 U.S.C. 228. The First Circuit upheld a jury instruction that he could be found guilty if the jury concluded beyond a reasonable doubt that he was able to pay at least a portion of his support obligation but failed to do so, rejecting an argument that the Act only imposes criminal liability where the defendant is able to pay the entire amount due but fails to do so. The court also upheld a jury instruction explaining the requirement that the outstanding child support debt be greater than $10,000 or remain unpaid for longer than two years.