United States v. Mitchell

Man who is 12 years into 24-year sentence has his conviction partially overturned (after the U.S. Supreme Court narrows what counts as a “crime of violence”). Yikes! The max sentence after the correction is just 10 years. Just resentence him to time served? No, says the Sixth Circuit (in July). If the max is 10, you can’t sentence him to 12. Pick a new remedy. The dissent: As Lady Macbeth says in Act III, “What’s done cannot be undone.” [Editor’s note: Actually, that’s Act V. But Act III does say that “Things without all remedy / Should be without regard: what’s done is done.”] Sixth Circuit (this week, in a separate case): We decided this in July. Time-served sentences are a no-go. (The Sixth Circuit Blog has the scoop.)

Tags: 2018, Habeas Corpus, Sentencing, Sixth Circuit

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