Blog Jay Leiderman Law

Category Archives: Sentencing

Hearing scheduled in Andrew Luster’s appeal of rape sentence An attorney for convicted rapist Andrew Luster, an heir to the Max Factor cosmetics empire, said a hearing is scheduled for Dec. 17 to set dates and times when legal motions surrounding Luster’s appellate court issues will be heard. Attorney Jay Leiderman said Monday that Luster […]

Rules for Sentencing a Criminal Defendant Decisions related to sentencing a criminal defendant that criminal courts must take into account include “the nature of the offense and/or the offender, with particular regard to the degree of danger both present to society.” In re Rodriguez (1975) 14 Cal.3d 639, 654, quoting In re Lynch (1972) 8 […]

“The district court’s finding that Naranjo was involved in a five-kilogram cocaine transaction does not preclude a finding of sentencing entrapment. We now address Naranjo’s alternative argument that the district court erred in not finding that the government engaged in sentencing entrapment.”  U. S. v. Naranjo 52 F.3d 245 (1995) (sentencing entrapment)   From an email […]

PURSUANT TO THE LAW SURROUNDING SECTION 11(c)(1)(c) THE COURT AND GOVERNMENT INDEPENDENTLY OR JOINTLY  HAVE THE POWER TO ACCEPT THE PLEA BUT  NONETHELESS REDUCE THE PENALTY IMPOSED Normally, the basis of sentencing is the judge’s consideration of the Guidelines applicable to the offense, along with their examination of the §3553 factors. Peugh v. United States, 133 S.Ct. […]

This Post Continues A Series That Will Comprise The Entirety Of The Matthew Keys Sentencing Documents Filed By The Defense – Part 8 OTHER COMPARABLE CASES NOT DISCUSSED IN THE MATTHEW KEYS SENTENCING BRIEF; A SUMMARY REFERENCE Raynaldo “Royal” Keys aka “Neuron” and Cody Kretsinger aka “Recursion_” – Central District of California (Los Angeles) One year and one […]