Sessions v Dimaya – How Will Justice Gorsuch Vote?
Today the Supreme Court heard oral argument in Sessions v Dimaya. Most people have probably never heard of this little case, but in the world of criminal defense and immigration law Sessions v Dimaya has the potential to be a landmark decision. Sessions v Dimaya – It’s All About The “Residual Clause” At issue in Dimaya is whether…
October 2017 Term For Supreme Court Begins Monday
The U.S. Supreme Court will begin its October 2017 term tomorrow. First up for the October 2017 term is Sessions v. Dimaya, which is being reargued Monday. For those of you who are not familiar with Dimaya, the Court will resolve in that case whether 18 U.S.C. 16(b) is unconstitutionally vague. A favorable ruling in Dimaya…
Mandatory Guideline Sentences Subject to Johnson Challenge
Several important decisions have been handed down over the past several weeks involving challenges to mandatory guideline sentences. In 2005 the Supreme Court decided United States v. Booker, which rendered the Sentencing Guidelines advisory instead of mandatory. If you or a loved one were sentenced before Booker, what I am about to discuss is for you. Unfortunately,…
Clemency Project Report Provides Data On Obama Initiative
The U.S. Sentencing Commission has issued an interesting report about President Obama’s clemency initiative. The Commission’s clemency project report is 59 pages in length and discusses the Obama clemency initiative in detail. For example, the clemency project report has several key findings, including: • President Obama made 1,928 grants of clemency during his presidency. Of them,…
Supervised Release Length Cannot Be Based On Retribution
Federal supervised release is supposed to help offenders reintegrate into society after leaving prison. As such, supervised release length cannot be based on retribution, the U.S. Court of Appeals for the Second Circuit recently held. Kelvin Burden and Jermaine Buchanan were convicted of a racketeering conspiracy involving drugs and murder. Both were sentenced to life…
Jury Instructions Regarding Unlawfully Transporting Firearms
18 USC 922(a)(3) makes it unlawful for non-gun dealers to buy firearms in one state and then take those guns to another state if doing so would violate the law in the state in which the firearms are transported. In order to be convicted of unlawfully transporting firearms under 18 USC 922, a person must…
Prison Reform And Redemption Act Set To Revamp BOP
A bipartisan group of representatives have introduced HR 3356, the Prison Reform and Redemption Act. The bill has seven cosponsors, one of whom is Mr. Bob Goodlatte (R-VA)—the Chair of the House Judiciary Committee. With Rep. Goodlatte supporting the bill, it has a greater chance of making it out of the Judiciary Committee. But the…
Federal Prisoner Cannot Bring 28 USC 2241 Petition In Washington, DC
A prisoner claiming to be in custody in violation of the constitution or laws or treaties of the United States may seek a writ of habeas corpus under 28 USC 2241 in the federal district court wherein they are confined. The proper respondent is the custodian of the prisoner. The United States Supreme Court has…
Special Conditions Of Supervised Release Vacated
A District Court can only impose special conditions of supervised release in certain circumstances. The District Court must find record evidence reasonably related to one of four factors: (1) the nature and circumstances of the offense and the history and characteristics of the defendant; (2) the need … to afford adequate deterrence to criminal conduct;…
Fifth Circuit To Decide If Texas Burglary Qualifies For ACCA Enhancement
The entire Fifth Circuit Court of Appeals has agreed to decide whether Texas burglary of a habitation under Texas Penal Code 30.02(a)(1) is equivalent to “generic burglary” under the Armed Career Criminal Act (ACCA). See, United States v. Herrold, No. 14-11317 (5th Cir. 2017). The court’s decision to rehear Herrold comes on the heels of the Sixth Circuit’s…