The Champion

May 2006 , Page 28 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

Challenging Crime Of Violence Sentence Enhancements In Federal Court

By Lynn Hartfield

Sentence enhancements for crimes of violence, which have become increasingly common, have serious consequences for defendants. In the federal system, defendants may be subject to two- and threefold increases in their presumptive sentences, often as a result of convictions that are quite old, and for which they originally received little or no jail time. The Supreme Court has repeatedly rejected challenges to the constitutionality of these enhancements,1 and even with Booker’s relaxing of the standard for applying such enhancements, there has been little change in overall sentence length.2  

In federal court, defending against these enhancements is further complicated by the maze of differing statutes, each with its own slightly different crime of violence definition, and each carrying its own unique method of analysis. The purpose of this article is to summarize the issues relating to each crime of violence definition, identify strategies for attacking the use of prior convictions, and

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.
login

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.

In This Section

Advertisement Advertise with Us
ad