Is there any case law that supports the argument that a defendant was punished for successfully severing the unrelated criminal charges from two separate criminal charges?

MultiRegion, United States of America

The following excerpt is from United States v. Fries, 796 F.3d 1112 (9th Cir. 2015):

Accordingly, Fries' contention that he was punished for successfully severing the unrelated counts is unpersuasive. See United States v. Mack, 200 F.3d 653, 659 (9th Cir.2000) (concluding that [n]othing in the record indicates that the district court based the enhanced sentences on the defendants' decision to exercise their constitutional right to go to trial); see also United States v. Evers, 669 F.3d 645, 661 (6th Cir.2012) (holding that the district court's proper application of the sentencing guidelines did not punish the defendant for exercising his right to receive a full and fair trial) (citation and internal quotation marks omitted).

Other Questions


What is the evidence that supports the argument that the criminal activity committed by John Kubick, the former director of an investment bank, was a criminal enterprise that resulted in his own criminal conviction? (MultiRegion, United States of America)
Is a minor criminal offence included in the criminal history of a defendant in the Criminal History of the Criminal Code? (MultiRegion, United States of America)
In what circumstances will a defendant be charged with a criminal charge if he and his codefendants were arrested in the same criminal investigation? (MultiRegion, United States of America)
In what circumstances will a defendant plead not guilty to a claim that the provisions of the New York State Criminal Code apply to a defendant who has not been convicted of any criminal charges under the same statutes? ("New York", United States of America)
What is the effect of a District Court finding that a defendant in a criminal case was not informed of the criminal charges in the indictment and bill of particulars? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
What is the test for determining whether a defendant has a criminal history of criminal conduct under the Montana Criminal Code? (MultiRegion, United States of America)
What is the test for severing a trial of a defendant who contends that a co-defendant would offer exculpatory testimony at a separate trial? (MultiRegion, United States of America)
If a defendant is convicted of a charge under Section 1983 of the Criminal Code, can they seek damages under the same section after pleading guilty to the same charge? (MultiRegion, United States of America)
Is a defendant's reluctance to engage in criminal activity a factor in determining whether they would be liable for criminal charges? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.