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Criminal Law

Pre-departure Sentencing Guideline Range Controls (access required)

Joining all other federal appeals courts to consider this issue, the 4th Circuit holds that U.S. Sentencing Guideline Amendment 759 requires a district court at resentencing under Amendment 782 to calculate the “applicable guideline range” without applying any departures or ...

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Court Lost Jurisdiction After DOC Transfer (access required)

Although the Norfolk Circuit Court issued an order stating it would re­tain jurisdiction in the matter of de­fendant’s concurrent sentences for robbery and conspiracy to commit rob­bery, the court lost jurisdiction when the Department of Corrections took custody of defendant ...

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Delay Doomed Mandatory- Minimum Avoidance (access required)

A defendant seeking to avoid a man­datory minimum sentence for cocaine distribution, third or subsequent of­fense, under Va. Code § 18.2-248(C) must comply with the statute’s re­quirement of truthfully providing to the commonwealth all information and evidence concerning the offense ...

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Driver’s DUI-Maiming Conviction Stands (access required)

An accident victim’s operation of his motorized wheelchair erratically and while intoxicated did not break the chain of proximate causation between the drunken and inattentive driving by defendant, and the victim’s injuries, and defendant was guilty of DUI maim­ing in ...

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