United States v. Waite
Docket Number | 18-2651 |
Decision Date | 31 August 2021 |
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10 cases
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Young v. United States
...that aiding and abetting a crime of violence, such as armed bank robbery, is also a crime of violence. See, e.g., United States v. Waite , 12 F.4th 204, 212, 219 (2d Cir. 2021) (holding that "even after Davis [,] ... aiding and abetting Hobbs Act robbery categorically qualif[ies] as [a] cri......
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United States v. Pettaway
... ... directly or implicitly authorized this Court to modify § ... 924(c)(1)(C) sentences during the discretionary ... "imposition" of a new sentence under § 404(b) ... of the First Step Act. See United States v. Waite , ... 12 F.4th 204, 215-17 & n.ll (2d Cir. 2021) (declining to ... remand a still-pending case to permit resentencing in light ... of the newly adopted First Step Act because the defendant was ... validly sentenced by the district court prior to the ... effective date ... ...
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Peebles v. United States
... ... Dean “held that a sentencing judge is not ... prohibited from considering the severity of a mandatory ... consecutive minimum penalty when sentencing a defendant on a ... separate count.” United States v. Waite , 12 ... F.4th 204, 216 (2d Cir. 2021) ... Unless ... Dean is retroactively applicable, it does not apply ... to Peebles, who was sentenced on December 29, 2016. The ... circuit courts of appeal that have considered the issue have ... determined that ... ...
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United States v. Johnson
...sentences under § 924(c)(1)(C) if a defendant was convicted on more than one of the charged § 924(c) counts. United States v. Waite, 12 F.4th 204, 209 (2d Cir. 2021) (citation omitted). Defendant maintains that his multiple 924(c) sentences were “stacked” in the manner that was later prohib......
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1 books & journal articles
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Prisoners' Rights
...to impose concurrent 20-year sentences for wire and mail fraud because scheme targeted vulnerable, suicidal victims); U.S. v. Waite, 12 F.4th 204, 207, 213-14 (2d Cir. 2021) (not cruel and unusual punishment to impose 115-year minimum sentence on defendant for participation in narcotics con......