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Flashcards in Randoms Deck (17)
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1

DWI stop on anonymous tip?

Texas - Brother case from 2005
S.Ct. granted cert. on Navarette v. California to address issue

2

FED: How much can fines be normally?

(3) for a felony, not more than $250,000;
(4) for a misdemeanor resulting in death, not more than $250,000;
(5) for a Class A misdemeanor that does not result in death, not more than $100,000;
(6) for a Class B or C misdemeanor that does not result in death, not more than $5,000; or
(7) for an infraction, not more than $5,000.

3

FED: Can employment be considered for departure?

Employment record is not ordinarily relevant in determining whether a departure is warranted.Employment record may be relevant in determining the conditions of probation or supervised release (e.g., the appropriate hours of home detention).

U.S.S.G. § 5H1.5

SO, think about "variance"

4

Use of firearm in crime of violence or drug trafficking crime, what happens?
No other aggravating factors

STACKS years on sentence.
uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm
Not less than
(i) 5 years;
(ii) brandished 7 years; and
(iii) discharged 10 years.
ADDED!
18 USC 924

5

Use of firearm in crime of violence or drug trafficking crime, what happens?
Special weapons

STACKS years on sentence.
uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm

(i) is a short-barreled rifle, short-barreled shotgun, or semiautomatic assault weapon, the person shall be sentenced to a term of imprisonment of not less than 10 years; or
(ii) is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, the person shall be sentenced to a term of imprisonment of not less than 30 years.
18 USC 924

6

Second or subsequent conviction of crime of violence or drug trafficking with firearm?


(i) be sentenced to a term of imprisonment of not less than 25 years; and
(ii) if the firearm involved is a machinegun or a destructive device, or is equipped with a firearm silencer or firearm muffler, be sentenced to imprisonment for life.
18 USC 924

7

How does prior Firearm + (COV or Drug Traff.) impact Career Offender?

BOL 37
CHC VI

8

What is pointing a gun at someone considered for Guidelines and firearm enhancements?

Pointing at someone is "otherwise use" increasing 6 levels for Robbery
Keeping in belt or telling about it, is "brandishing" which is 4 level increase for Robbery

9

FED: What's the sentence for large possession amounts?

Just possession - 10 years - life
SBI or Death Result - 20 years - life
1 prior drug felony - 20 to life
>if death - LIFE
2 prior drug felonies - LIFE
THEN supervised release
5 years
10 years if prior felony drug
NO PAROLE
NO PROBATION

10

What are the large felony amounts under 21 USC 841?

1 kilo heroin
5 kilo cocaine
280 grams crack
100 grams PCP (1 kilo mixed)
10 grams mixed LSD
400 grams mixed Fentanyl
1000 kilos mix marij. (or 1000 plants)
50 grams meth (500 grams mixed)

11

FED: What are the second largest amount for felony amounts under 21 USC 841?

1/10 of large amounts
100 grams heroin
500 grams cocaine
28 grams crack
10 grams PCP (100 grams mixed)
1 grams mixed LSD
40 grams mixed Fentanyl
100 kilos mix marij. (or 1000 plants)
5 grams meth (50 grams mixed)

12

FED: What's the sentence for the second largest possession amounts?

Just possession - 5-40 years
SBI or Death Result - 20 years - life
1 prior drug felony - 10 to life
>if death = LIFE
THEN supervised release
4 years
8 years if prior felony drug
NO PAROLE
NO PROBATION

13

FED: What's the sentence for the second largest possession amounts?

Just possession - 5-40 years
SBI or Death Result - 20 years - life
1 prior drug felony - 10 to life
>if death = LIFE
THEN supervised release
4 years
8 years if prior felony drug
NO PAROLE
NO PROBATION

14

TEX: When must notice of appeal be filed?

30 days
90 days if filed: motion for new trial; motion to modify judgment

20 days for State

Appellate court may grant extension if: within 15 days of deadline 1. files notice of appeal; and 2. motion requesting extension

15

FED: How does commission of offense prior to age 18 impact criminal history point calculation?

More than 1 year 1 month + 3

+2 for more than 60 days if committed within 5 years

+1 for other sentences within 5 years

NOTE: Revocation then sentenced, use age at revocation

16

FED: How does commission of offense prior to age 18 impact criminal history point calculation?

More than 1 year 1 month + 3

+2 for more than 60 days if committed within 5 years

+1 for other sentences within 5 years

17

TX vs. FED: Subjective intent of officer in "inventory search"?

McKinnon 5th Cir. says subjective intent doesn't matter
Texas and S.Ct. says "inventory" cannot be a ruse