Title 18 U.S.C.

Question 1

What are the federal punishment ranges?

Answer 1

(1) for a Class A felony, the duration of the defendant’s life or any period of time;
(2) for a Class B felony, not more than twenty-five years;
(3) for a Class C felony, not more than twelve years;
(4) for a Class D felony, not more than six years;
(5) for a Class E felony, not more than three years;
(6) for a Class A misdemeanor, not more than one year;
(7) for a Class B misdemeanor, not more than six months;
(8) for a Class C misdemeanor, not more than thirty days; and
(9) for an infraction, not more than five days.

18 U.S.C.A. § 3581 (West)

Question 2

When do sentences run consecutively?

Answer 2

Multiple terms of imprisonment imposed at different times run consecutively unless the court orders that the terms are to run concurrently.

18 U.S.C.A. § 3584 (West)

Question 3

When do sentences run concurrently?

Answer 3

Multiple terms of imprisonment imposed at the same time run concurrently unless the court orders or the statute mandates that the terms are to run consecutively.

18 U.S.C.A. § 3584 (West)

Question 4

When must detention hearing be held?

Answer 4

At FIRST APPEARANCE 18 USC 3142

Question 5

What must Gov’t prove at detention hearing, generally?

Answer 5

18 USC 3142
Gov’t must prove “dangerousness” by Clear and Convincing Evidence
Gov’t must prove “risk of flight” by Prepronderance of Evidence

Question 6

What do conditions of release need to achieve?

Answer 6

NOT “garuantee” but “reasonably assure”: no danger or risk of flight

Question 7

Is there ever a burden on D at detention hearing?

Answer 7

YES.

1. Crime of Violence;
2. Capital Offense;
3. 10 year felony drug charge.

Question 8

Can a motion for continuane be granted for a detention hearing?

Answer 8

Yes.
Except for good cause, a continuance on motion of such person may not exceed five days (not including any intermediate Saturday, Sunday, or legal holiday), and a continuance on motion of the attorney for the Government may not exceed three days (not including any intermediate Saturday, Sunday, or legal holiday).

Question 9

When is there a presumption of detention based on priors?

Answer 9

Current Charge: Crime of Violence, Capital, or 10 Drug Felony
Previous conviction for one of those offenses while on pretrial release.
Less than 5 years sense released from sentence
(Burden of production shifts but not burden of persuasion)

Question 10

When is there a rebuttable presumption based upon probable cause of the offense?

Answer 10

1. 10 year drug charge;
2. Crime of Violence + firearm
3. 20 year sentence for human trafficking;
4. Minor child victim

Question 11

What is the irrebutable presumption of condition of release for minor child victim?

Answer 11

1. Electronic monitor;
2. Curfew
   Many CRTs held unconstitutional

Question 12

Can you appeal a magistrates detention order?

Answer 12

Yes, either Gov’t or D can appeal de novo to judge with jurisdiction

Question 13

How quickly does Gov’t have to file Indictment or information?

Answer 13

information or indictment shall be filed within 30 days from the date on which such individual was arrested or served with a summons.

18 U.S.C.A. § 3161 (West)

Question 14

How quickly must a case be tried?

Answer 14

75 days from the filing date (and making public) of the information or indictment,
or from the date the defendant has appeared before a judicial officer of the court in which such charge is pending, whichever date last occurs.
If a defendant consents in writing to be tried before a magistrate judge on a complaint, the trial shall commence within seventy days from the date of such consent

18 U.S.C.A. § 3161 (West)

Question 15

How soon can trial start?

Answer 15

No sooner than 30 days from appearance of D counsel, or waiver of counsel

18 U.S.C.A. § 3161

Question 16

How quickly must a case be tried if it’s reinstated after appeal stemming from CRTs dismissal?

Answer 16

75 days, unless good cause extension for 180 days

Question 17

Delay because of mental competency or physical capacity of the defendant

Answer 17

No

18 U.S.C.A. § 3161 (West)

Question 18

Delay because of other charges against the defendant count?

Answer 18

No

18 U.S.C.A. § 3161 (West)

Question 19

Delay because of interlocutory appeal count?

Answer 19

No

18 U.S.C.A. § 3161 (West)

Question 20

Delay from any pretrial motion count?

Answer 20

NO

18 U.S.C.A. § 3161 (West)

Question 21

Delay because of transfer of a case or the removal of any defendant from another district count?

Answer 21

No

18 U.S.C.A. § 3161 (West)

Question 22

Delay from necessary transport of D count?

Answer 22

No.

18 U.S.C.A. § 3161 (West)

Question 23

Delay for court to consider a proposed plea agreement count?

Answer 23

No.

18 U.S.C.A. § 3161 (West)

Question 24

Delay because CRT took matter under advisement actually under advisement by the court count?

Answer 24

Not up to 30 days

18 U.S.C.A. § 3161 (West)

Question 25

What is the standard of review for 28 USC 2254?

Answer 25

Review of State Proceedings:

1. Constitutional Error;
2. Brecht Standard: Petitioner must show had substantial and injurious effect or influence in determining the jury’s verdict.

Question 26

What is the standard of review for 28 USC 2255?

Answer 26

Review of Federal Proceeding:

1. Constitutional Error;
2. Chapman’s, Gov’t must show “harmless beyond reasonable doubt”

Question 27

What is Victim’s remedy if CRT denies request to be heard?

Answer 27

Writ of Mandamus within 10 days of denial; and if D has not already pleaded to highest charged offense