Does a sentence that fails to consider mitigating factors in sentencing in a non-capital case violate due process?
MultiRegion, United States of America
The following excerpt is from Matthews v. Hood, 19 F.3d 28 (9th Cir. 1994):
Failure to consider mitigating factors during sentencing in a non-capital case does not violate due process. United States v. LaFleur, 971 F.2d 200, 212 (9th Cir.1992), cert. denied, 113 S.Ct. 1292 (1993).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the sentencing guidelines under Rule 32(c)(3)(3) of the Federal Guidelines violate due process or violate substantive or procedural due process? (MultiRegion, United States of America)
Can evidence that was rejected as insufficient to constitute a statutory mitigating factor be considered as a non-statutory mitigating factor? (MultiRegion, United States of America)
Is a defendant's prior sentence imposed in a related case considered "related" if they are sentenced to two concurrent sentences by the same judge at the same hearing? (MultiRegion, United States of America)
What factors must a court consider when sentencing a defendant to a reduced sentence under section 3553(a) of the Criminal Code? (MultiRegion, United States of America)
In determining whether a federal court has considered the appropriate factors for sentencing under section 3553(a) of the Criminal Code, does a judge need to perform a "robotic incantations" by the sentencing judge? (MultiRegion, United States of America)
Does a judge have to consider a defendant's criminal record as a mitigating factor in his sentencing? (MultiRegion, United States of America)
What is the test for presuming that a sentencing judge has faithfully discharged her duty to consider the statutory factors in sentencing? (MultiRegion, United States of America)
Is it improper for a sentencing court to consider a defendant's refusal to cooperate with the government as a factor in his sentence? (MultiRegion, United States of America)
Does the sentencing packaging doctrine apply to a case where both a new sentence and a revocation sentence were imposed at the conclusion of a single sentencing proceeding? (MultiRegion, United States of America)
Is a failure of a sentencing judge to start the calculation of a sentence by considering the applicable sentencing Guidelines grounds for reversal for resentencing? (MultiRegion, United States of America)
