7 results for 'cat:"Sentencing" AND cat:"Arson"'.
Per curiam, defendant's appeal is denied. Defendant was convicted on two counts of arson and one count of possessing a firebomb associated with his role attempting to burn the district attorney's garage and firebomb the district attorney’s home. He was sentenced to 35 years confinement followed by 15 years extended supervision for the arson convictions, and a consecutive two-year sentence followed by three years extended supervision for the firebomb conviction. Defendant argues his sentence should be modified since he assisted law enforcement in the prosecution of a fellow inmate, but the lower court found that it did not constitute a new factor, and is therefore not eligible for sentence modification. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Per curiam, Filed On: April 23, 2024, Case #: 2022AP002094-CR, Categories: sentencing, arson
J. Gruender finds a lower court properly sentenced a defendant to 84 months in prison after he pleaded guilty to arson for setting a fire in an apartment building hallway. The government argued that the defendant is a career offender based on prior crimes of violence. However, the defendant presented evidence in court that his prior conviction of domestic abuse was not a crime of violence. Affirmed.
Court: 8th Circuit, Judge: Gruender, Filed On: January 16, 2024, Case #: 23-1048, Categories: sentencing, Domestic Violence, arson
J. Scudder finds that the lower court improperly sentenced defendant to a 15-year mandatory minimum sentence. After the Indiana Supreme Court declined to address a certified question, the panel found that defendant's conviction under Indiana's 2002 arson statute does not constitute a violent felony. Therefore, he does not qualify for the mandatory minimum under the Armed Career Criminal Act. Reversed.
Court: 7th Circuit, Judge: Scudder, Filed On: January 2, 2024, Case #: 22-2278, Categories: Firearms, sentencing, arson
J. Johnson, finding the record did not contain sufficient evidence to support the amount of restitution ordered, upholds defendant’s conviction on simple arson but vacates the five-year prison sentence and $4,500 in restitution and remands the case for resentencing. Affirmed in part, vacated in part.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: December 27, 2023, Case #: 23-KA-234, Categories: sentencing, Restitution, arson
J. Loken finds a lower court properly imposed a pretrial detention order on a defendant who started seven fires while intoxicated inside of a hotel stairwell during a work function. The defendant argued that she is not a flight risk or a danger to society. However, the government sufficiently showed in court that the defendant would most likely abscond, based on her history of violating court orders. Affirmed.
Court: 8th Circuit, Judge: Loken, Filed On: December 7, 2023, Case #: 23-3147, Categories: sentencing, arson, Employment
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J. DeWine finds the ability of a trial court to reduce the length of an arson offender's registration on Ohio's arson offender registry being tied to a recommendation by prosecutors does not violate the separation of powers doctrine. The duty to register is not a criminal sentence but attaches as a matter of law and, therefore, is within the legislative branch's authority. Affirmed.
Court: Ohio Supreme Court, Judge: DeWine, Filed On: November 9, 2023, Case #: 2023-Ohio-4035, Categories: Constitution, sentencing, arson
J. Lagesen finds the trial court erred by ruling that defendant’s 90-month mandatory sentence for setting fire to an occupied apartment building was unconstitutionally disproportionate. “This case does not present ‘the rare circumstances’ in which the legislatively prescribed sentence for defendant’s conviction contravenes the Article I, section 16, proportionality requirement.” Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: June 28, 2023, Case #: A173971, Categories: sentencing, arson