Archive | collateral consequences

Wednesday, July 5th, 2017

Useful Link Regarding Collateral Consequences of Convictions and the Restoration of Rights

The Restoration of Rights project has a useful website that can help you determine the collateral consequences of conviction your client may face.  The project offers executive and judicial mechanisms for avoiding or mitigating those consequences and advice regarding non-discrimination in employment following a conviction.  The project tracks this information for each state and for federal rights and benefits.  The information can be found at…

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Categories: collateral consequences

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Wednesday, May 25th, 2016

Judge Block Issues Opinion Calling for Reconsideration of Collateral Consequences for Felony Convictions and Highlighting the Role Collateral Consequences Should Play in 3553(a) Analysis

Senior Eastern District Judge Frederic Block issued a 42-page opinion in United States v. Nesbeth, 15-CR-18(FB),  calling for a close reexamination of the collateral consequences that follow felony convictions, the ways these consequences hamper rehabilitation efforts, and their inclusion as a factor in determining the appropriate sentence under 18 U.S.C. 3553(a).  (N.B. Ms. Nesbeth was represented by Amanda David and the Eastern District Office of the Federal Defenders of New York.)

Following a jury trial in the case, Judge Block imposed a one-year probationary sentence in a case with a guidelines range of 33-41 months.  He then issued the lengthy opinion because “sufficient attention has not been paid at sentencing” to the many automatic collateral consequences that flow from a defendant’s felony conviction.  Many of these consequences, he wrote, “serve no useful function other than to further punish criminal defendants after they have completed their court-imposed sentences” but their …

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Categories: collateral consequences, sentencing

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