Third Consecutive Sentencing Decision from Arizona Federal Courts — Alvarez v. Tracey

Matthew L.M. Fletcher

Here are the materials:

R&R 12-13-10

Order Unsealing R&R 12-20-10

Order on Motion for Partial SJ 03-31-11

An excerpt:

The Court concludes that, for purposes of § 1302(7), two charges are differentoffenses if each “requires proof of a fact which the other does not,” regardless of whetherthey arise from the same transaction. See Blockburger, 284 U.S. at 304. Applying thisdefinition to Petitioner’s case, § 1302(7) has not been violated by his convictions andpunishment. Petitioner’s own description suggests that each offense required proof of a factthat the others did not. The Court will accept the R&R and deny Petitioner’s motion forpartial summary judgment.