News · Page 8 of 10
Federal Sentencing News Archive, Page 8
- How to Choose a Lawyer for Federal Sentencing: 5 Tips
A sentencing advocate shows the judge who you really are before the sentence is set, so look for someone who cares, knows federal sentencing, and is realistic.
- Should Anyone 21 or Younger Face the Death Penalty? The ABA Says No
In February 2018, the American Bar Association urged every U.S. jurisdiction to stop sentencing people to death for crimes committed at age 21 or younger.
- Sentencing Reform and Federal Prison News: January 2018
In January 2018, several reform bills were pending in Congress and the Sentencing Commission was weighing new amendments; the First Step Act passed that December.
- Congress's 2017 Hearing on Halfway House Cuts Brought Few Answers
Families hoped a December 2017 House hearing would hold the BOP accountable for cutting halfway house time, but it brought mostly soundbites and soft questions.
- Supreme Court Agrees to Hear Three Federal Criminal Cases (December 2017)
· Appeals
The Supreme Court took three criminal cases in December 2017, and its 2018 rulings decided who can get guideline-based sentence reductions.
- Why the BOP Cut Halfway House Time in 2017: Two Internal Memos
Two internal BOP memos from October 2017 blamed budget limits and crowding for cutting halfway house time, and predicted average stays would fall to about 120-125 days.
- Sessions v. Dimaya: What Justice Gorsuch Asked at the Reargument
Justice Gorsuch cast the deciding vote in 2018 to strike down 18 U.S.C. § 16(b) as vague, and his questions at the 2017 reargument showed where he was headed.
- The Supreme Court's October 2017 Term: Criminal Cases to Watch
· Appeals
The October 2017 term produced major criminal rulings, including Dimaya on vague laws, Carpenter on cell phone records, and Class on appeals after a guilty plea.
- Can Johnson Be Used to Challenge a Pre-Booker Guideline Sentence?
Only in some circuits, and only if filed by June 26, 2016. The circuits split on Johnson and mandatory guidelines, and the Supreme Court never resolved it.
- Who Got Clemency Under Obama's 2014 Initiative? What the Data Shows
A 2017 Sentencing Commission report found that only 86 of 1,696 people granted commutations under the 2014 initiative appeared to meet every announced factor.
- Can a Judge Lengthen Your Supervised Release to Punish You?
No. A judge may not set the length of supervised release to punish you for your crime, as United States v. Burden explains and Esteras (2025) confirms.
- Gun-Transport Conviction Reversed Over a Faulty "Willfully" Instruction
· Appeals
The Ninth Circuit reversed a federal gun-transport conviction because the jury instruction on "willfully" let jurors convict for intending a different crime.
- The Prison Reform and Redemption Act: The Bill Behind the First Step Act
The Prison Reform and Redemption Act never passed on its own, but its time credit system became the core of the First Step Act in 2018.
- Can a Judge Order Drug Testing on Release If You Have No Drug Problem?
Not without support in the record. The Fifth Circuit struck a special drug testing condition because nothing showed a current drug problem.
- Does a Texas Burglary Conviction Count Under the ACCA?
Yes. After two Supreme Court rulings, the full Fifth Circuit held in 2019 that Texas burglary is generic burglary and counts toward the ACCA's 15-year minimum.
- Police Can't Split One Illegal Stop Into Two: $167,070 Suppressed
· Trial
The Ninth Circuit held that two coordinated traffic stops count as one, so cash found after an illegally extended first stop had to be suppressed.
- When Is an Online Post an "Advertisement" Under 18 U.S.C. § 2251?
· Trial
It can be a question for the jury: the Ninth Circuit held a defendant had the right to argue that posts on a small, closed, encrypted board were not advertisements.
- Can You Be Made to Forfeit Drug Money Your Co-Conspirators Got?
No. In Honeycutt v. United States, the Supreme Court held that drug forfeiture reaches only what you yourself obtained, not what your co-conspirators received.
- Sessions v. Dimaya: Why the Supreme Court Struck Down 18 U.S.C. § 16(b)
The Supreme Court held in Sessions v. Dimaya (2018) that the residual clause in 18 U.S.C. § 16(b) is unconstitutionally vague, and it struck down a similar § 924(c) clause in 2019.
- What the Sentencing Commission Found About Young Federal Offenders (2017)
The Commission's 2017 report found that people 25 and under made up 18% of federal sentencings, and most of their crimes were nonviolent.