Tuesday, October 09, 2018

US v. Gray, No. 18-30022 (10-3-18)(per curiam w/  Leavy, Hawkins, & Tallman).

The 9th vacated a 20 month SR sentence and remanded. The 9th did so due to procedural error. The defendant admitted to a series of SR violations before a magistrate judge. The magistrate took the admission and recommended a 5 month sentence. The defendant asked for less. The recommendation went to the district court. The district court, without a hearing or notification, rejected the sentence recommendation and imposed 20 months. The sentence was based on factual assertions by the probation officer that in phone calls from the detention center, the defendant failed to really accept responsibility. 

The 9th held that the defendant had a right to address the allegations and to allocate. The defendant did not waive his right by his proceeding before the magistrate. The defendant did not expect a fourfold increase from 5 to 20 months.

Congrats to David Merchant and Joslyn Hunt, AFPDs with the Montana Federal Defenders.

The decision is here:



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