Search Results for aside

...Collateral Consequences Resource Center Michigan Set-Asides Found to Increase Wages and Reduce Recidivism Preliminary results of an empirical study by two University of Michigan law professors show that setting aside an individual s record of conviction is associated with a signi cant increase...

...Gabriel J. Chin; David Schlussel Abstract Congress has been weighing a new form of judicial relief—a Certificate of Rehabilitation—that could alleviate the “internal exile” caused by the collateral consequences of a federal conviction. Aside from the once robust, now rare and erratic pardon power...

... or misdemeanor conviction, petitioners gain real employment protections only if they also obtain set-aside and dismissal relief in addition to reclassi cation.8 That process requires separate forms, separate ling fees, and separate hearings, sometimes in a separate courthouse. In short, a lot of Doors...

... law provided an additional avenue of relief for offenders between the ages of 18 and 26, who could petition to have their convictions set aside after successful completion of probation under the Federal Youth Corrections Act (YCA). 31 While the effect of this set-aside was never settled...

... through sealing or expungement, and the other approach assigned judges something akin to the executive s pardoning role, through deferred dispositions and set-asides. These two approaches to restoration of rights and opportunities have existed side by side for more than half a century and have never been...

... adopted to ensure that the materials Congress wants are compiled so they can be submitted by the Court in a timely fashion. The United States asks the Court to set aside Standing Order DWM-28. A hearing on the United States motion was held on June 9, 2003, before Chief Judge Donald Molloy and Judges...

... that the needed staff will not be forthcoming, and given that I have been instructed to set aside thousands of petitions for pardon and traditional commutation, I cannot ful ll my responsibilities as Pardon Attorney. In addition, as you know, I have been deeply troubled by the decision to deny the Pardon Attorney...

... as well. 2. Existing California law already prohibits consideration of non-conviction records in connection with applications for employment, including records of convictions that have been dismissed or set-aside. Under the new law, this prohibition will become administratively enforceable under FEHA...

...-210; or (3) The sentence is inconsistent with the purposes of sentencing set out in §§ 40-35-102 and 40-35-103. (c) If a sentence is appealed, the appellate court may: (1) Dismiss the appeal; (2) Affirm, reduce, vacate or set aside the sentence imposed; (3) Remand the case or direct the entry...

... for multiple speci cations (counts) of conviction. In other words, a sentence is adjudged as a total for all offenses, rather than by speci c offense. Changes to Article 60 of the UCMJ in the FY14 NDAA restrict the convening authority s ability to set aside or commute ndings of guilt, and speci cally...

... campaign for justice unfolded. The trial was United States v. Kristin Gilbert. Presiding over this, the Þrst death penalty case in Massachusetts in several decades, was the most complicated and stressful thing IÕve ever done (aside, perhaps, from raising teenagers). The experience left me with one...

..., are subject to the procedural default rules of state criminal courts, despite the ICJ s ruling to the contrary. The Supreme Court granted certiorari to resolve two questions: whether a federal court is bound by the ICJ s decision in Avena to set aside state procedural default rules and whether a federal court...

... been Þled under subsection (a), it shall set aside the sentence and remand the case for further sentencing proceedings with such instructions as the court considers appropriate, subject to subsection (g); Ò(B) if it determines that the sentence is too low and the appeal has been Þled under subsection...

.... § 3282(c)(2)) (g) Motion to vacate or set aside sentence (28 U.S.C. § 2255) (civil motion) (h) Resentencing of mandatory life imprisonments (upon overturning of prior conviction) (18 U.S.C. § 3559(c)(7)) (i) Modification of restitution order (18 U.S.C. §§ 3663A, 3664) 7) Revocation Proceeding...

... and a number of staff prosecutors. The jury announced a guilty verdict. As the jurors left, the entourage of prosecutors in the audience began to step forward to congratulate the triumphant trial prosecutors, the judge stunned the courtroom by asking whether I would be making a motion to set aside the jury...

... insurance we start to remove barriers that once existed. The participants become more and more engaged in their own health and enjoy the respect that they are beginning to receive. They start to learn to take care of the daily needs they put aside in the past, such as paying nes, costs, reinstatement fees...

... reasons for its conclusions andÑ Ò(A) if it determines that the sentence is too high and the appeal has been Þled under subsection (a), it shall set aside the sentence and remand the case for further sentencing proceedings with such instructions as the court considers with such instructions as the court...

... unreasonably exaggerates the criminality of his conduct31 The court relied on its clear carte blanche to do justice to set aside the conviction, in essence doing exactly what it thought that the legislative history suggested a Service court of appeals might do substitute its judgment for that of the trial...

... be delighted to have the entire Guidelines structure be cast aside in the hope that something preferable will arise in its place. If one wants to destroy the whole structure more or less regardless of what might fill the gap, the preferred stance is one of inaction. On balance, however, both the short and long...

... and needed sentencing reform. Aside from relatively tepid prodding of Congress to address extreme and disparate federal sentences on crack cocaine, the Obama Administration s criminal justice policies have largely followed the get-tough script that a generation of Democrats embraced in hopes of thwarting...