South Carolina Criminal Lawyer Blog

When charged with a federal crime, it is important to learn about the Federal Sentencing system because it is very different from state court proceedings. The Federal System uses the United States Sentencing Guidelines, which are now advisory, when calculating a sentence. A court calculates a particular guideline range by reviewing a defendant's criminal history as well as the applicable base offense level.

However, in certain cases, a defendant may be subjected to sentencing enhancements. For example, a person may receive an enhancement for the role in the offense if the court determines that they were an organizer, supervisor, or a recruiter. Additionally, a person may receive an enhancement for using sophisticated means to facilitate a crime or for abusing a position a trust. A sentencing court will also enhance a person's sentence if the court finds that the defendant targeted a vulnerable victim, such as an elderly person.

Federal judges are free to sentence a person above the guidelines or below the guidelines in most cases. Nevertheless, certain crimes carry mandatory minimum penalties which are statutory, so a district court judge can not go under this type of sentence. For example, certain drug offenses carry mandatory minimum sentences depending on the quantity of drugs attributable to the offense of conviction as well as for prior drug convictions.

It is important to hire a criminal lawyer who is knowledgeable about federal sentencing and the guidelines. A federal attorney will be able to evaluate a presentence investigation report and make the appropriate objections at sentencing.

Continue reading " Sentencing Enhancements in Federal Court " »

In a recent opinion, United States v. Rivers, the United States Court of Appeals for the Fourth Circuit readdressed whether a conviction for failure to stop for a blue light in South Carolina constitutes a crime of violence under the Armed Career Criminal Act ("ACCA"). In light of the Supreme Court's decision in Chambers, the Fourth Circuit held that this state crime does not qualify as an ACCA predicate.

Federal law prohibits previously convicted felons from possessing a firearm. Normally, under section 924 of the United States Code, a felon in possession of a firearm could receive a maximum sentence of up to ten years in prison. However, a defendant charged with possession of a firearm by a convicted felon with three prior convictions for a violent felony or a serious drug offense qualifies as an armed career criminal. As a result, the accused is subjected to a mandatory minimum sentence of fifteen (15) years imprisonment. It is therefore important to inform your criminal defense attorney of any prior convictions when charged with any federal crime, especially a firearms offense.

The Fourth Circuit previously held in Roseboro that a conviction under South Carolina's failure to stop for a blue light satisfied the test established by the United States Supreme Court in Begay v. United States and qualified as a violent felony. The Roseboro court used the modified categorical approach to determine that the crime could constitute a violent felony if the underlying conduct included willful or intentional behavior. However, in Rivers, the court held that failure to stop for a blue light only contains one category of crime, so using the categorical approach outlined in Chambers, the court determined that this south carolina state conviction can never qualify as an ACCA predicate.

Prior convictions are routinely used in federal court to enhance a defendant's sentence. It is therefore important to contact an experienced federal attorney when facing a federal indictment.

Continue reading " Failure to Stop For a Blue Light No Longer a Crime of Violence Under the ACCA " »