Sentencing Reform And Federal Prison News – January 2018
We are a week into 2018 and there is much buzz about what lies ahead in the year from the courts, Congress, and the U.S. Sentencing Commission for federal prison and sentencing reform. Here's a summary of some of the highlights.
(a) Congress - Sentencing Reform
Different bills remain under consideration, but none have yet to receive any kind of “floor” vote. Any proposed legislation that is not signed into law by December 31, 2018, will “die” and must be reintroduced in 2019.
Below are the top bills I am watching for possible passage in 2018.
- H.R. 3356: Prison Reform and Redemption Act
Sponsor: Rep. Doug Collins [R-GA9]
Introduced - Jul 24, 2017 - S. 1933: Smarter Sentencing Act of 2017
Sponsor: Sen. Mike Lee [R-UT]
Introduced - Oct 5, 2017 - S. 842: Fair Chance to Compete for Jobs Act of 2017
Sponsor: Sen. Cory Booker [D-NJ]
Introduced - Apr 5, 2017
Ordered Reported - May 17, 2017 - H.R. 4261: SAFE Justice Act
Sponsor: Rep. Robert “Bobby” Scott [D-VA3]
Introduced - Nov 6, 2017 - H.R. 2899: Second Chance Reauthorization Act of 2017
Sponsor: Rep. James Sensenbrenner [R-WI5]
Introduced - Jun 13, 2017 - S. 1994: CORRECTIONS Act
Sponsor: Sen. John Cornyn [R-TX]
Introduced - Oct 19, 2017 - S. 1917: Sentencing Reform and Corrections Act of 2017
Sponsor: Sen. Charles “Chuck” Grassley [R-IA]
Introduced - Oct 4, 2017
(b) U.S. SENTENCING COMMISSION - Sentencing Reform
As many of you will recall, the Sentencing Commission was inundated with over 80,000 letters in support of a proposal that would reduce the “Sentencing Table,” across the board, by two levels. Gone would be “life-life” ranges under the proposal. We will know soon if the Commission intends to advance this idea.
The meeting will be held at 10:30 AM on Friday, January 19, 2018, in Washington, DC.
According to the announcement from the Commission, the agenda for the meeting is as follows:
Vote to Adopt August 2017 Meeting Minutes
Report from the Chair
Possible Vote to Publish Proposed Guideline Amendments and Issues for Comment
The Commission is considering other possible amendments to the Guidelines and I will report about those after the hearing, too.
(c) SUPREME COURT
The Supreme Court has a number of cases that we are awaiting decisions in. Expect news from the Supreme Court soon!
Recommended for you
Newsletter July 2nd, 2021
NEWSLETTER July 2, 2021 Welcome to the weekly edition of our newsletter. VIEWS ON THE LAW [-] Borden and 924(c) Whenever the Supreme Court invalidates part of a criminal statute, the question comes up about whether the Court’s reasoning could affect similar statutes and whether this opens the door for relief. The Court held in…
Amendment 782 Motion Reconsideration
Reinaldo Rivera moved for 18 U.S.C. § 3582(c)(2) relief based on Amendment 782 to the Guidelines, commonly known as “drugs minus 2.” The district court granted the motion and reduced his sentence to 420 months from LIFE. But in doing so, the district court believed Rivera’s mandatory minimum was 30 years for his CCE conviction.…
Drug Treatment And Vocational Training Improper Sentencing Considerations
Christopher Thornton moved for a downward variance at sentencing arguing, among other things, that “in-prison treatment during the proposed thirty-eight months would help mitigate any potential risk he posed to the community.” The district court denied the motion, but in doing so said that Thornton had “mental-health issues, and he needs drug treatment” and that…
