On December 28, 2017, the Michigan Legislature and Governor Snyder sent 2017 PA 265 to the Secretary of State for entry into the Michigan Compiled Laws. The Public Act served to amend a number of provisions of the State’s Criminal Laws. The most significant change, however, was an amendment to M.C.L. §333.7413(1) and (2). Those sections imposed additional penalties upon persons convicted of a second narcotics-related offense. While the need for a sentencing enhancement for second or subsequent offenders at all is open for debate, the law, prior to the passage of the bill, required the imposition of mandatory life sentence, without the possibility of parole, for a second offense of possession with intent to deliver more than 50 grams of cocaine, or, about 2/5 the weight of a bar of Dove Soap.
The Michigan COA clarified its position regarding criminal sentencing under Lockridge.
The Court, yesterday made clear that they will only review judicial sentences for reasonableness if the sentence falls outside of the advisory guidelines range.
Thus, only departures above or below the guidelines are subject to reasonableness review.
U.S. Supreme Court to Decide Important Search and Seizure Case from Michigan Involving Cellular Site (Tower) Location Information
The United States Supreme Court heard arguments two weeks ago regarding a federal trial out of the Eastern District of Michigan that resulted in the conviction of several armed robbers. The case United States v. Carpenter, however, involved an issue that has come under fire recently, because of the Court’s prior decisions involving individual privacy rights in other technology cases. In Carpenter, the U.S. Attorney introduced evidence of what is known as cell site location information, which, simply put, is data that is stored by cell phone towers that can provide location information about the cell phone user, even when they are not directly using the phone. After his conviction, the Defendant filed an appeal, arguing that the Government obtained the records without obtaining a search warrant, and a warrant should be required to obtain that cell site location information.
US House Passes Law Allowing for Full Faith and Credit to Carrying Concealed Weapons Permit Holders in the United States
December 7, 2017 marked the passage in the US House of Representatives of a bill that “would enable gun owners who legally carry concealed firearms in one state to carry them in the other 49 States, sending a major expansion of gun rights to the Senate.” While the bill faces substantial opposition in the U.S. Senate, the bill may impact many CCW/CPL holders in Michigan and other states. The bill would allow for a person who has a permit to carry a concealed firearm in one State, Michigan as an example, to travel with their concealed firearm lawfully into the other 49 States.