8th Circuit Wrong to Change Sentence, U.S. Supreme Court Says

Summary


The U.S. Supreme Court handed down a win for prosecutors and defense counsel alike Monday when it said a federal appeals court may not order a defendant's sentence increased without either an appeal or a cross appeal from the government.

The Supreme Court's action, by a divided vote, reversed a decision by a panel of the 8th U.S. Circuit Court of Appeals to correct a district judge's sentencing error. Instead of sentencing Michael J. Greenlaw to 25 years in prison for one of seven drug and firearm charges, a district judge in Minnesota sentenced him to 10 years on that count.

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8th Circuit Wrong to Change Sentence, U.S. Supreme Court Says

The 25-year sentence is the mandatory minimum for a second or subsequent conviction for carrying a firearm in connection with a violent crime or a drug-trafficking crime.

For Greenlaw, the Su...

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