Author: Federal Public Defender, CDCA

Categorical Approach Update

Posted on March 10, 2017

Beckles v. United States, __ S.Ct. __, 2017 WL 855781 (Mar. 6, 2017): The Supreme Court held that the Sentencing Guidelines in general—and the residual clause of the career-offender guideline in particular—are not subject to vagueness challenges under the Due Process Clause. United States v. Jenkins, __ F.3d __, 2017 WL 727154 (7th Cir. Feb. 24, 2017): The Court held that kidnapping under 18 U.S.C. §1201(a) is not a crime of violence for purposes of 18 U.S.C. §924(c) because it does not have as an […]..

Categorical Approach Update

Posted on February 10, 2017

United States v. Steiner, __ F.3d __, 2017 WL 437657 (3d Cir. Feb. 1, 2017): The Court held that Pennsylvania burglary (18 Pa. Cons. Stat. Ann. §3502(A)) is categorically not a crime of violence for purposes of U.S.S.G. §2K2.1 / §4B1.2. United States v. Driver, __ F.3d __, 2017 WL 382307 (11th Cir. Jan. 27, 2017): The Court held that Florida’s false-imprisonment statute (Fla. Stat. Ann. §787.02)—which defines the crime as “forcibly, by threat, or secretly confining, abducting, imprisoning, or restraining another person without lawful […]..

What are the minimum requirements of STAR?

Posted on February 6, 2017

As a STAR participant, you will be expected to attend weekly STAR court sessions, remain in contact with probation and, perhaps most importantly, you must make every effort to remain clean and sober.  In addition to random drug testing, you would also be expected to engage in some form of drug treatment or therapy, attend at least three 12 Step meetings per week, and seek employment or educational opportunities.  At least once a month, the entire STAR program also participates in several hours of community […]..

Can I participate in STAR if I have a pending supervised release or probation violation?

Posted on February 6, 2017

In order to participate in STAR, you will need to resolve any pending violations with your sentencing judge before you begin our program.  However, you may want to apply to STAR and observe court sessions before any violation hearing so that your sentencing judge may take this into consideration when determining what sanctions, if any, you should serve before commencing STAR. To observe in Los Angeles, STAR meets every Thursday afternoon at 1:45 p.m. with the Hon. Otis Wright, III and the Hon. Rozella A. […]..

Who are the STAR team members?

Posted on February 6, 2017

The STAR team is comprised of two judicial officers: United States District Judge, Otis D. Wright, II, and United States Magistrate Judge, Rozella A. Oliver. Other team members include representatives from the United States Probation Office, The United States Attorney’s Office, and the Federal Public Defender’s Office for the Central District of California...

How do I successfully complete STAR, and what happens after that?

Posted on January 30, 2017

In addition to the requirements listed above, and your completion of the three different phases of the program, all STAR graduates must maintain at least six months of uninterrupted sobriety, attend regular twelve step meetings, work with a sponsor or other mentor, have stable living conditions, and present a relapse prevention plan.  Upon graduation, your term of supervised release is reduced by one year.  If you have more than one year left of supervised release after you graduate, you will return to regular supervision until […]..