Sex Offenders May Challenge Miami Residency Restriction
The Eleventh Circuit held that the sex offenders had adequately alleged a violation of the Ex Post Facto Clause because the Miami ordinance appeared “excessive in comparison to its public safety goal of addressing recidivism.” The court further noted that plaintiffs had sufficiently alleged that “the County's residency restriction not only fails to advance, but also directly undermines, the goal of public safety.” Doe v. Miami Dade County, Florida, No. 14-14336 (11th Cir. 2017).
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Newsletter July 2nd, 2021
NEWSLETTER July 2, 2021 Welcome to the weekly edition of our newsletter. VIEWS ON THE LAW [-] Borden and 924(c) Whenever the Supreme Court invalidates part of a criminal statute, the question comes up about whether the Court’s reasoning could affect similar statutes and whether this opens the door for relief. The Court held in…
Amendment 782 Motion Reconsideration
Reinaldo Rivera moved for 18 U.S.C. § 3582(c)(2) relief based on Amendment 782 to the Guidelines, commonly known as “drugs minus 2.” The district court granted the motion and reduced his sentence to 420 months from LIFE. But in doing so, the district court believed Rivera’s mandatory minimum was 30 years for his CCE conviction.…
Drug Treatment And Vocational Training Improper Sentencing Considerations
Christopher Thornton moved for a downward variance at sentencing arguing, among other things, that “in-prison treatment during the proposed thirty-eight months would help mitigate any potential risk he posed to the community.” The district court denied the motion, but in doing so said that Thornton had “mental-health issues, and he needs drug treatment” and that…
