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Flashcards in Title 18 U.S.C. Deck (27)
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What are the federal punishment ranges?

(1) for a Class A felony, the duration of the defendant's life or any period of time;
(2) for a Class B felony, not more than twenty-five years;
(3) for a Class C felony, not more than twelve years;
(4) for a Class D felony, not more than six years;
(5) for a Class E felony, not more than three years;
(6) for a Class A misdemeanor, not more than one year;
(7) for a Class B misdemeanor, not more than six months;
(8) for a Class C misdemeanor, not more than thirty days; and
(9) for an infraction, not more than five days.

18 U.S.C.A. § 3581 (West)


When do sentences run consecutively?

Multiple terms of imprisonment imposed at different times run consecutively unless the court orders that the terms are to run concurrently.

18 U.S.C.A. § 3584 (West)


When do sentences run concurrently?

Multiple terms of imprisonment imposed at the same time run concurrently unless the court orders or the statute mandates that the terms are to run consecutively.

18 U.S.C.A. § 3584 (West)


When must detention hearing be held?



What must Gov't prove at detention hearing, generally?

18 USC 3142
Gov't must prove "dangerousness" by Clear and Convincing Evidence
Gov't must prove "risk of flight" by Prepronderance of Evidence


What do conditions of release need to achieve?

NOT "garuantee" but "reasonably assure": no danger or risk of flight


Is there ever a burden on D at detention hearing?

1. Crime of Violence;
2. Capital Offense;
3. 10 year felony drug charge.


Can a motion for continuane be granted for a detention hearing?

Except for good cause, a continuance on motion of such person may not exceed five days (not including any intermediate Saturday, Sunday, or legal holiday), and a continuance on motion of the attorney for the Government may not exceed three days (not including any intermediate Saturday, Sunday, or legal holiday).


When is there a presumption of detention based on priors?

Current Charge: Crime of Violence, Capital, or 10 Drug Felony
Previous conviction for one of those offenses while on pretrial release.
Less than 5 years sense released from sentence
(Burden of production shifts but not burden of persuasion)


When is there a rebuttable presumption based upon probable cause of the offense?

1. 10 year drug charge;
2. Crime of Violence + firearm
3. 20 year sentence for human trafficking;
4. Minor child victim


What is the irrebutable presumption of condition of release for minor child victim?

1. Electronic monitor;
2. Curfew
Many CRTs held unconstitutional


Can you appeal a magistrates detention order?

Yes, either Gov't or D can appeal de novo to judge with jurisdiction


How quickly does Gov't have to file Indictment or information?

information or indictment shall be filed within 30 days from the date on which such individual was arrested or served with a summons.

18 U.S.C.A. § 3161 (West)


How quickly must a case be tried?

75 days from the filing date (and making public) of the information or indictment,
or from the date the defendant has appeared before a judicial officer of the court in which such charge is pending, whichever date last occurs.
If a defendant consents in writing to be tried before a magistrate judge on a complaint, the trial shall commence within seventy days from the date of such consent

18 U.S.C.A. § 3161 (West)


How soon can trial start?

No sooner than 30 days from appearance of D counsel, or waiver of counsel

18 U.S.C.A. § 3161


How quickly must a case be tried if it's reinstated after appeal stemming from CRTs dismissal?

75 days, unless good cause extension for 180 days


Delay because of mental competency or physical capacity of the defendant

18 U.S.C.A. § 3161 (West)


Delay because of other charges against the defendant count?

18 U.S.C.A. § 3161 (West)


Delay because of interlocutory appeal count?

18 U.S.C.A. § 3161 (West)


Delay from any pretrial motion count?

18 U.S.C.A. § 3161 (West)


Delay because of transfer of a case or the removal of any defendant from another district count?

18 U.S.C.A. § 3161 (West)


Delay from necessary transport of D count?

18 U.S.C.A. § 3161 (West)


Delay for court to consider a proposed plea agreement count?

18 U.S.C.A. § 3161 (West)


Delay because CRT took matter under advisement actually under advisement by the court count?

Not up to 30 days
18 U.S.C.A. § 3161 (West)


What is the standard of review for 28 USC 2254?

Review of State Proceedings:
1. Constitutional Error;
1. Brecht Standard: Petitioner must show had substantial and injurious effect or influence in determining the jury's verdict.


What is the standard of review for 28 USC 2255?

Review of Federal Proceeding:
1. Constitutional Error;
2. Chapman's, Gov't must show “harmless beyond reasonable doubt"


What is Victim's remedy if CRT denies request to be heard?

Writ of Mandamus within 10 days of denial; and if D has not already pleaded to highest charged offense