United States v. Tyrone Mitchell (3rd Cir. December 2019)

The Court held that the sentencing court committed plain and reversible error when it relied on the defendant’s “bare arrest record” in determining a sentence, as the sentencing court had only cited the Defendant’s “extensive criminal history” without adequately distinguishing between adjudications, convictions, and mere arrests. 

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United States v. Martin Johnson (4th Cir. December 2019)

The Court held that a district court does not plainly err by failing to give a limiting instruction when admitting 404(b) evidence in the absence of a defendant's request for such an instruction. Additionally, the Court held that robbery possession of a controlled substance with intent to distribute under Maryland law are predicate "violent felonies" under the ACCA.

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United States v. Jeffery Havis (6th Cir. June 2019), EN BANC

Sitting en banc, the Fifth Circuit held that the Commission’s commentary and Application Notes cannot be read into the text of a Guidelines provision and that the Commission’s use of commentary to add elements and definitions to Guidelines provisions “deserves no deference.” Since § 4B1.2, the provisions enhancing the sentencing range for career offenders, does not, by its own text, include attempt crimes as “controlled substance offenses,” prior convictions for attempted crimes do not fall under § 4B1.2(b).

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