Sentencing — post-sentencing review standards

Posted August 23, 2016 2:37 PM

When a defendant’s sentence has been set aside on appeal, a resentencing court may consider post-sentencing information relating to the defendant in increasing or decreasing the defendant’s sentence.The 7th U.S. Circuit Court of Appeals affirmed a decision by U.S. District Judge Colin S. Bruce, Central District of Illinois.Edward Dorsey sold 5.5 grams of crack cocaine in August 2008. In September 2010, the U.S. District Court sentenced him to 10 years in prison, pursuant to the mandatory minimum under the Anti …

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Family law — dissolution of marriage proceedings

Where a party in an ongoing dissolution of marriage proceedings is ordered to pay attorney fees for a related probate proceeding, that order is not final and appealable.
Sentencing — conspiracy

Where government could prove defendant joined smaller conspiracy than what was alleged in the indictment, conviction was affirmed.
Criminal law — void ab initio conviction

Where defendant pleads guilty due to the threat of being impeached by a prior conviction later found void ab initio and is sentenced based on the same conviction, he has suffered a constitutional violation.
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Civil procedure — remand

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Where a petition for involuntary treatment is granted the petition may be reviewed even after the treatment has ended if it may recur or there is a public interest in settling the issue.
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