One Gun Too Many: Double-Counting the Same Offense in Iowa

The average Iowan would be shocked to learn that the commission of a firearm possession crime in Iowa would expose them to the risk of being sent to federal prison for a time period 25 percent longer than that of a citizen of a neighboring state. This Note argues that the Eighth Circuit 's ruli...

Full description

Saved in:
Bibliographic Details
Published in:Iowa law review 2020-07, Vol.105 (5), p.2329-2357
Main Author: Harris, T.M. Clint
Format: Article
Language:English
Subjects:
Crime prevention
Criminal pleas
Criminal sentences
Disparate impact
Double jeopardy
Felonies
Firearms
Gun control
Judges & magistrates
Jurisdiction
Laws, regulations and rules
Mental health care
Sentencing guidelines
State court decisions
Online Access:Get full text
Tags: Add Tag
No Tags, Be the first to tag this record!
Description
Summary:The average Iowan would be shocked to learn that the commission of a firearm possession crime in Iowa would expose them to the risk of being sent to federal prison for a time period 25 percent longer than that of a citizen of a neighboring state. This Note argues that the Eighth Circuit 's ruling in United States v. Walker was an erroneous interpretation of the U.S. Sentencing Guidelines and that governmental action should be taken in one of three major arenas--judicial, administrative, or legislative -to remedy the resulting sentencing disparities. Ultimately, this would be one step towards returning fairness and justice to similarly situated defendants in the federal criminal system.
ISSN:0021-0552