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
Ex Parte Communications By Judge With Jury Required Reversal Of Convictions
At Martin Bradley III’s trial for racketeering, mail fraud, wire fraud, and money laundering, the district court had two ex parte communications with the jury. Bradley’s defense lawyers did not become aware of notes until after his appeal. Bradley filed a 2255 motion arguing, in addition to other things, that the court had violated Rule…
Supervised Release Cannot Be Revoked After Supervision Term Ends
Anthony Holman’s supervised release was revoked for failing to pay restitution and picking up a new charge. However, the violation petition was not submitted until after Holman’s term of supervision had already expired. No summons was pending at the time either. Generally, whenever a U.S. Probation Officer believes that a defendant has violated his or…
Burrage Applies Retroactively To Cases On Collateral Review
In Burrage v. United States, 134 S. Ct. 881 (2014), the Supreme Court held that “at least where use of the drug distributed by the defendant is not an independently sufficient cause of the victim’s death or serious bodily injury, a defendant cannot be liable under the penalty enhancement provision of 21 U.S.C. § 841(b)(1)(C)…