When Children Stay Home—A COVID-19 Consequence

KATHRYN ROBB

Kathryn Robb, executive director of CHILD USAdvocacy, describes how the COVID-19 pandemic uniquely endangers children who are being sexually abused by people close to them. Robb describes ways in which teachers, coaches, and other adult figures in children’s lives must do to ensure the safety of children in this time when schools and other safe spaces are shut down.

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Mayfield v. United States

Docket: 18-2185

Opinion Date: April 8, 2020

Judge: Steven M. Colloton

Areas of Law: Criminal Law

The Eighth Circuit vacated the district court's denial of defendant's 28 U.S.C. 2255 motion to vacate his sentence on the ground that he received ineffective assistance of counsel during plea negotiations before trial. In this case, defendant alleged that his attorney's performance was constitutionally deficient because counsel advised defendant to decline a plea offer based on a sentencing enhancement that any reasonable counsel should have known was inapplicable. The court held that the record did not conclusively refute defendant's claim at this juncture in the proceedings. Furthermore, the question is not developed on the question of prejudice. Accordingly, the court remanded for further proceedings.

United States v. Morris

Docket: 18-3668

Opinion Date: April 8, 2020

Judge: Kobes

Areas of Law: Criminal Law

The Eighth Circuit affirmed defendant's sentence imposed after he pleaded guilty to possessing cocaine with intent to distribute and possessing a firearm in furtherance of a drug trafficking crime. The court held that the district court did not err, plain or otherwise, in applying a criminal offender enhancement under USSG 4B1.1(a). The court held that when a defendant has more than four prior sentences that could be counted, the plain language of the Guideline gives the district court discretion to choose among them. Because there is no ambiguity here, the court held that the rule of lenity is not applicable.

United States v. Sainz Navarrete

Docket: 18-3170

Opinion Date: April 8, 2020

Judge: Jane Louise Kelly

Areas of Law: Criminal Law

The Eighth Circuit affirmed defendant's conviction and sentence for conspiring to distribute methamphetamine, money laundering, and two counts of conspiring to launder money. The court held that the evidence was sufficient to support defendant's convictions; the court was not convinced that the district court's drug-quantity finding was mistaken; and there was no error in imposing sentencing enhancements for defendant's role in the offense under USSG 3B1.1(a) and for committing the offense as a part of a pattern of criminal conduct engaged in as a livelihood under USSG 2D1.1(b)(15)(E).