Failing to consider Probation in sentencing because of Defendant's undocumented status results i
Issue: "whether an undocumented immigrant must be sentenced to a period of incarceration rather than to a term of probation because the continuing violation of federal immigration laws would constitute an automatic violation of the standard conditions of probation." Pp. 1. The defendant is an undocumented immigrant. The issue in this case stems from the plea proceedings in his criminal matter. The defendant here was charged with aggravated DWI, DWI and aggravated unlicensed o
Court improperly relied upon PreSentence Report in determining whether crimes were committed on diff
The Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e), imposes a 15‐year mandatory minimum sentence on violators who have three previous convictions for a violent felony or a serious drug offense “committed on occasions different from one another.” Issue: "in determining whether crimes were committed “on occasions different from one another,” is a court at sentencing is limited to examining only materials approved by the Supreme Court in Taylor v. United States, 495 U.S.
