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Criminal Law

West Virginia University

Sentencing

Publication Year

Articles 1 - 4 of 4

Full-Text Articles in Law

A First Step Back In Time?, Blake Jacobs Jan 2023

A First Step Back In Time?, Blake Jacobs

West Virginia Law Review

This Note discusses the implications of the United States Supreme Court’s holding in Concepcion v. United States, which left open whether district courts must reanalyze the 18 U.S.C.A. § 3553(a) factors when ruling on a motion to reduce a defendant’s sentence under the First Step Act. The decision settled a dispute between the First, Fifth, Ninth, and Eleventh Circuits, which did not require sentencing courts to consider intervening factual or legal developments; and the Second, Third, Fourth, Sixth, Seventh, Eighth, Tenth, and D.C. Circuits which did. However, the Supreme Court’s decision only obligates a district court to consider intervening …


Commentary--The Federal Criminal Code Reform Act And New Sentencing Alternatives, Edward M. Kennedy Apr 1980

Commentary--The Federal Criminal Code Reform Act And New Sentencing Alternatives, Edward M. Kennedy

West Virginia Law Review

No abstract provided.


Criminal Procedure--Recidivism--Constitutionality Of The West Virginia Recidivist Statute, Cynthia L. Turco Feb 1975

Criminal Procedure--Recidivism--Constitutionality Of The West Virginia Recidivist Statute, Cynthia L. Turco

West Virginia Law Review

No abstract provided.


Criminal Law--Court-Martialed Convictions--Second-Offender Statute, M. S. K. Dec 1941

Criminal Law--Court-Martialed Convictions--Second-Offender Statute, M. S. K.

West Virginia Law Review

No abstract provided.