Theft

Florida Court Discusses Grounds for Granting Compassionate Release

Posted In: January 31, 2023 | Hanlon Law, PA

People incarcerated in federal prisons typically have to serve the entirety of their sentences unless they are eligible for parole or get credit for good behavior. In some instances, though, federal prisoners may be able to obtain a compassionate release. Only reasons enumerated by statute qualify for release, however, as explained in a recent Florida case in which the court denied the request for compassionate release of a defendant convicted of robbery. If you are accused of robbery or another theft crime, it is prudent to consult a Tampa theft offense defense attorney to determine what measures you can take to protect your rights.

Procedural Background of the Case

It is alleged that the defendant was convicted of numerous robbery-related crimes and sentenced to 270 months in federal prison. In addition to his robbery offenses, he had previously been arrested for several other crimes. He subsequently filed a motion for compassionate release pursuant to federal law on the grounds that he had multiple medical conditions and was exposed to an increased risk of COVID-19.

It is reported that the government opposed the defendant’s motion, noting that the defendant’s claimed conditions did not qualify as one of the medical conditions set forth in the statutory guidelines that constitute grounds for granting compassionate release. The court agreed with the government’s reasoning and denied the defendant’s motion. The defendant then appealed. Continue Reading ›

Florida Court Examines Restitution in Theft Cases

Posted In: November 20, 2022 | Hanlon Law, PA

In addition to issuing prison sentences, federal courts have the right to order people convicted of certain crimes to pay restitution. Such amounts generally must reflect the actual damages caused, however; otherwise, defendants may be able to argue that they are unconstitutional. Recently, a Florida court examined what constitutes appropriate restitution in an identity theft case in which it ultimately rejected the defendant’s argument that the amount imposed was excessive. If you are accused of committing a theft crime, it is important to understand your rights, and you should speak to a Tampa theft crime defense attorney as soon as possible.

Procedural History of the Case

It is alleged that the federal government indicted the defendant with aggravated identity theft, mail fraud, and other offenses. He entered into a written plea agreement, agreeing to plead guilty to two of the counts and to make full restitution to the victims of his crimes. Further, he acknowledged that the restitution amount determined by the court would be in excess of $260,000 and that he waived the right to appeal the sentence imposed unless it exceeded the sentencing guideline range or statutory maximum or violated his Eighth Amendment rights.

It is reported that the court accepted the defendant’s guilty plea and the plea agreement, sentenced him to approximately 250 months in prison, and ordered him to pay restitution in excess of $440,000. He appealed, arguing that the government failed to offer evidence of loss sufficient to support the restitution amount. Continue Reading ›

Florida Court Determines Whether a Sentence for a Theft Crime is Reasonable

Posted In: September 24, 2022 | Hanlon Law, PA

While identity theft typically does not cause bodily harm, it is nonetheless a serious crime, and many people convicted of such offenses can spend years in prison. Regardless of the nature of an offense, though, the punishment imposed must be reasonable; otherwise, it may be overturned. Recently, a Florida court examined what constitutes an appropriate sentence for aggravated identity theft and other offenses in a case in which it rejected the defendant’s appeal. If you are accused of a theft crime, it is in your best interest to speak to a Tampa theft crime defense lawyer about your options for seeking a favorable outcome.

Historical Background of the Case

Allegedly, the defendant was charged with aggravated identity theft and access device fraud in violation of federal law. He pled guilty to both charges pursuant to a written plea agreement. The facts in the plea agreement indicated that the defendant obtained personal identifying data from over 100 victims and then used the data to access dormant credit cards or obtain new cards.

Reportedly, he then used the cards in stores throughout the country and sold the materials he purchased with the cards on the internet. The total financial losses caused by the theft exceeded $650,000. The court accepted the defendant’s guilty plea, following the magistrate’s recommendation. It ultimately imposed a sentence of 96 months imprisonment, which was above the range set forth in the sentencing guidelines. The defendant appealed. Among other things, he argued that the sentence was unreasonable. Continue Reading ›

Florida Court Declines to Modify Sentence Due to COVID-19 Pandemic

Posted In: January 27, 2021 | Hanlon Law, PA

The coronavirus spread rapidly through many prisons, causing extreme illness, death, and fear of lasting health concerns. Thus, many inmates with concerning health issues have sought modifications of their sentences under the CARES Act and other federal statutes, but such requests are not readily granted. Recently, a Florida court issued an opinion explaining the grounds for reducing or changing a sentence in light of the pandemic in a case in which the petitioner was imprisoned for multiple theft crimes. If you are accused of stealing property or any other crime, it is advisable to confer with a skilled Tampa theft defense attorney to discuss your options.

The Defendant’s Petition

It is reported that the defendant was convicted of possessing unauthorized access devices and aggravated theft in violation of federal law and sentenced to thirty months imprisonment followed by three years of probation. He was housed at a federal prison. Due to the coronavirus pandemic, the defendant petitioned the court for a modification of his sentence. Specifically, he requested a release to home confinement under the CARES Act or a compassionate release under federal law. Upon review, the court denied his petition.

Reductions and Modifications of Sentences

Typically, a court cannot change a term of imprisonment after it has been imposed. In other words, district courts have no inherent authority to alter a prison sentence and can only do so when permitted by statute or rule. The defendant first requested a modification of his sentence to home release pursuant to the CARES Act. The court noted, however, it lacked the authority to grant this relief.