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…

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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…

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Federal Habeas Corpus: Time Limits and the AEDPA 

In my first column in a series on federal habeas corpus for state and federal prisoners, we’ll go over time limits for filing in federal court and how those time limits are calculated. The following information is adapted from my book WinningCites: Section 2255, A Handbook for Prisoners and Lawyers. AEDPA and Affirmative Defenses There…

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Actuarial Risk Assessment Tools and The Future

As previously discussed, actuarial risk assessment tools are not new. It is only their modern application that marks them as such. This attitude may prevent positive prison reform in the future, as these tools reflect ingrained biases in the current system. Supporters of actuarial risk assessment tools argue that they are fairer because they rely…

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The History of Actuarial Risk Assessment Tools

Actuarial risk assessments are among the most popular tools used in American sentencing reform. However, their usage as sentencing reform tools is the subject of some controversy. Their main purpose is to identify individuals who are at risk of re-offending in the future. While these tools do provide some insight, research often neglects to mention…

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Actuarial Risk Assessment Tools – Sentencing Reform’s Saving Grace or Worst Nightmare?

Actuarial risk assessments are among the most popular tools used in American sentencing reform. However, their usage as sentencing reform tools is the subject of some controversy. Their main purpose is to identify individuals who are at risk of re-offending in the future. While these tools do provide some insight, research often neglects to mention…

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