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Tag Archives: Gall

Criminal Law: Sentencing – Gall – Co-Defendants

U.S. v. Brunken; U.S. v. Whitlock (MLW No. 59739/Case No. 08-2488/08-2783 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Loken, C.J.) (1)Where a co-conspirator convicted of methamphetamine charges appealed her sentences, arguing that Gall v. United States invalidated the ...

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Uncertainty remains over crack sentence reductions

After nearly 16 years in prison, Frank Harvey Jr. is making up for lost time and rebuilding relationships with his family and his friends. Convicted of a conspiracy to distribute one kilogram of crack cocaine, Harvey began serving what was to have been a 17½-year sentence in 1993. He was released in April 2008 after U.S. District Judge Donald Stohr, of the Eastern District of Missouri, reduced Harvey's sentence to 14 years. Harvey had already served 15 years and eight months, so he was credited for time served and released immediately.

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