2017 Budget Gives Over $7 Billion To Federal Prison System
President Trump has signed into law the Consolidated Appropriations Act of 2017, commonly known as the 2017 federal budget. The bill funds the federal government until the end of September 2017. In most businesses, the “fiscal year” runs from January 1 to December 31. However, the fiscal year for the federal government is from October…
Sentencing Commission Nixes Guideline Changes For 2017
The U.S. Sentencing Commission will not adopt amendments to the federal sentencing guidelines this year, Acting Chair William Pryor announced during a recent hearing on alternatives to incarceration.According to Mr. Pryor’s prepared remarks: “Although the Commission again has the four voting members required to promulgate guideline amendments, the lack of a voting quorum for almost three…
Drug Quantity Based on Estimation Clearly Erroneous
Drug quantity finding by federal district judge that 20 shipped pallets contained an average of 80 pounds of marijuana was clearly erroneous, the U.S. Court of Appeals for the Tenth Circuit recently held. Roosevelt Dahda was sentenced to 201 months imprisonment based in part on the lower court’s attribution of 1,600 pounds of marijuana to…
Constructive Amendment To Indictment Requires Reversal Of Attempted Sex Trafficking Conviction
The U.S. Court of Appeals for the Ninth Circuit has reversed a defendant’s conviction for attempted sex trafficking after finding a constructive amendment to indictment had occurred during trial. Ricky Davis was charged with attempted sex trafficking, a violation of 18 U.S.C. 1591(a). The indictment alleged that Davis “… knowingly attempted to recruit, entice, harbor,…
Leavenworth Guard Busted For Bringing Contraband In
Marc Buckner, a federal prison guard at USP Leavenworth in Leavenworth, Kansas has plead guilty to accepting bribes from inmates. Buckner had been bringing contraband into the federal prison he worked. Buckner started working for the Federal Bureau of Prisons in 1995. He was arrested in March 2014 by the FBI after tobacco, rolling papers,…
18 U.S.C. 924(c) Stacked Sentence Reduction Possible, Per Supreme Court
Yesterday the Supreme Court in Dean v. United States held that sentencing courts are free to impose a sentence of one-day imprisonment for underlying offenses related to an 18 U.S.C. § 924(c) charge. For example, an individual charged with Hobbs Act robbery and a violation of § 924(c) can receive a sentence of one day on the…
Federal Sentencing Guidelines Amendment Hearing
The U.S. Sentencing Commission is back to work with the Senate’s confirmation of two additional Sentencing Commissioners. The Commission has scheduled a hearing on April 18, 2017, to discuss amendments to the federal sentencing guidelines for 2017. Some of the proposed amendments include: An amendment that would provide a lower base offense level for first-time offenders.…
CRIMINAL JUSTICE REFORM BILLS IN CONGRESS
1. National Criminal Justice Commission Act of 2017 (H.R. 1607 and S.573) A criminal justice reform bill that would create a national criminal justice commission has been introduced in the House and Senate. The text of the proposed bill states, “developments over the intervening 50 years require once again that Federal, State, tribal, and local…
Restitution For Bank of America In Mortgage Fraud Prosecution Improper
Bank of America is not entitled to restitution as a “victim” under the Mandatory Victims Restitution Act for bad loans issued during the 2007-2008 housing crash, the U.S. Court of Appeals for the Seventh Circuit recently held. See United States v. Litos, 847 F.3d 906 (7th Cir. 2017). Three defendants were ordered to pay $893,015…
Federal Kidnapping Is Not A Crime Of Violence
Antwon Jenkins was convicted of federal kidnapping and using and carrying a firearm in furtherance of a crime of violence. The firearm conviction required a consecutive sentence to the kidnapping charge. Jenkins argued on appeal that his federal kidnapping offense was not a crime of violence, and thus his gun charge under 18 U.S.C. 924(c)…