Will Biden Grant Clemency to Thousands Later This Year?
Will Biden Grant Clemency to Thousands Later This Year? There are over 4,500 inmates that were sent to home detention due to the CARES Act and for them the question of if they will have to return to prison still remains open. As the country slowly returns to normal, what will the DOJ do for…
Sixth Circuit Says Savings Clause OK to Raise Case Decided While 2255 on Appeal
Let’s say you filed your 28 U.S.C. 2255 motion attacking your federal sentence and it was denied. While you’re appealing that motion, the Supreme Court decides a retroactive case that you would’ve raised in your motion. Is it too late to supplement your motion with a new claim based on that case? It all depends…
Police Contact with the Public in 2018
In 2018, the Bureau of Justice Statistics conducted a survey on the interactions between police and members of the public. Although this survey was initially created in conjunction with the National Crime Victimization Survey, its stand-alone results provide us with some crucial context of the effect law enforcement has on the communities they serve. Background…
Decarceration and the COVID-19 Pandemic
With coronavirus cases on the rise in carceral facilities across the United States, it is more than apparent that something must be done. Decarceration is a major way to prevent the virus from spreading, as well as addressing a number of other serious issues caused by mass incaraceration. In a new study published in The…
Truthful Information for Reduced Sentences.
Whether someone provides “truthful information” to qualify for a reduced sentence under the safety valve is not up to the government, the U.S. Court of Appeals for the Fifth Circuit held on August 21, 2020. U.S. v. Lima-Rivero, 19-10759 (5th Cir. Aug. 21, 2020). After pleading guilty to possession of methamphetamine, the defendant provided information…
Attacking the Guilty Plea: Waivers, Breaches, and Getting More Time After a Successful Challenge
In this final column based on my book, WinningCites: Attacking the Guilty Plea, we’ll go over how plea waivers and breaches of plea agreements impact challenging a guilty plea, and we’ll also dig into one of the most-asked questions I hear: Can I get more time if I get convicted again after attacking my guilty…