U. S. Supreme Court Happenings, Favorable Federal Circuit Opinions and President Biden Commutes to LWOP the Federal Death Sentences of 37 Murderers for the Week of December 23-27, 2024--
U. S. Supreme Court Happenings– Week Ending December 27, 2024 –
There was not a conference this week for the Justices because they are out for Christmas recess. There were also not any new cases granted by the Court this week.
We have been getting a lot of inquiries regarding Erlinger v. United States, (No. 23-370)(S. Ct. June 21, 2024) decided earlier this year by the Supreme Court of the United States. In Erlinger, the Court ruled that finding that an offender had committed two felonies "on separate occasions" under the Armed Career Criminal Act had to be made by a jury, not a judge. In one respect, the decision is narrow and straightforward: it merely is an extension of the Court's Apprendi jurisprudence. But in another respect, the decision is far-reaching. As some state appeals courts have already realized, the decision makes unconstitutional state laws that give the judge -- rather than the jury -- the power to decide whether someone is a "persistent" or "habitual" offender based on whether a defendant's felonies occurred at "different times" or on "separate occasions."
Favorable Federal Circuit Opinions for the Week of December 23-27, 2024 –3rd Circuit
Range v. Attorney General, (No. 21-2835) (3d Cir. December 23, 2023)(En Banc)– On remand from the Supreme Court of the United States. Eighteen month ago, the full en banc Third Circuit found unconstitutional, on the basis of the landmark Second Amendment Bruen opinion, the application of federal felon-in-possession law to a person with a false statement conviction from decades prior. The Supreme Court called upon the Third Circuit to review its work following the Justices' subsequent 2024 Second Amendment ruling in Rahimi. Bryan Range appeals the District Court’s summary judgment rejecting his claim that the federal “felon-inpossession” law — 18 U.S.C. § 922(g)(1) — violates his Second Amendment right to keep and bear arms. We agree with Range that, despite his false statement conviction, he remains among “the people” protected by the Second Amendment. And because the Government did not carry its burden of showing that the principles underlying our Nation’s history and tradition of firearm regulation support disarming Range, we will reverse and remand.... Bryan Range challenged the constitutionality of 18 U.S.C. § 922(g)(1) only as applied to him given his violation of 62 Pa. Stat. Ann. § 481(a). Range remains one of “the people” protected by the Second Amendment, and his eligibility to lawfully purchase a rifle and a shotgun is protected by his right to keep and bear arms. More than two decades after he was convicted of foodstamp fraud and completed his sentence, he sought protection from prosecution under § 922(g)(1) for any future possession of a firearm. The record contains no evidence that Range poses a physical danger to others. Because the Government has not shown that our Republic has a longstanding history and tradition of depriving people like Range of their firearms, § 922(g)(1) cannot constitutionally strip him of his Second Amendment rights. The Court reversed the judgment of the District Court and remanded so the Court can enter a declaratory judgment for Range, enjoin enforcement of § 922(g)(1) against him, and conduct any further proceedings necessary.
3rd Circuit
United States v. Phillips, (No. 23-2678)(8th Cir. December 23, 2024)– Brandon Phillips had several Missouri
marijuana-possession convictions on his record when he pleaded guilty to a federal felon-in-possession charge. The district court imposed a lifetime ban on federal benefits and a 120-month
prison sentence, even though Missouri had legalized marijuana and announced it would expunge certain convictions. Although this development does not require resentencing, the Court vacated
the federal-benefits ban.
President Biden Commutes to Life Without Parole the Federal Death Sentences of 37 Prisoners on Federal Death Row–
President Joe Biden announced on Monday that he is commuting the sentences of 37 of the 40 people on federal death row, converting their punishments to life imprisonment just weeks before
President-elect Donald Trump, an outspoken proponent of expanding capital punishment, takes office. Here is more:
Sherlon Evans has served over thirty-one years of a nearly fifty-year sentence, totaling 595 months. Mr. Evans has now moved for a reduction in his sentence pursuant to 18 U.S.C. §
3582(c)(1)(A), claiming that “extraordinary and compelling” reasons warrant review....
The move spares the lives of people convicted in killings, including the slayings of police and military officers, people on federal land and those involved in deadly bank robberies or drug
deals, as well as the killings of guards or prisoners in federal facilities.
It means just three federal inmates are still facing execution. They are Dylann Roof, who carried out the 2015 racist slayings of nine Black members of Mother Emanuel AME Church in
Charleston, South Carolina; 2013 Boston Marathon bomber Dzhokhar Tsarnaev; and Robert Bowers, who fatally shot 11 congregants at Pittsburgh’s Tree of life Synagogue in 2018, the deadliest
antisemitic attack in U.S history.
COMMENT:
As shown above, Bryan Range’s case seems particularly sympathetic, as he was convicted nearly three decades ago of only a relatively minor crime. Because this Range ruling creates a clear circuit split on the constitutionality of 18 U.S.C. § 922(g)(1) in some settings, we would expect to see an appeal to the Supreme Court by the U. S. Department of Justice. But maybe the new incoming Justice Department officials might not want to test the application and reach of the Second Amendment in this particular "narrow" case.
Per our prediction, President Biden is commuting the sentences of roughly 1,500 people who were released from prison and placed on home confinement during the coronavirus pandemic and is pardoning 39 Americans convicted of nonviolent crimes. It's the largest single-day act of clemency in modern history. The WhiteHouse also stated that while today’s announcement marks important progress, there is more to come. President Biden will continue to review clemency petitions and deliver criminal justice reform in a manner that advances equity and justice, promotes public safety, supports rehabilitation and reentry, and provides meaningful second chances. As we stated, it will be part of his legacy. As such, we believe that he will be commuting many more sentences of people with non-violent offenses before his term ends. Don’t miss out on this opportunity.
We also suggest that January 6th defendants file their clemencies materials to President-Elect Trump and his team well before he takes office on January 20, 2025. In order to help anyone who is interested in filing the new clemency papers and clemency package, Alert2020 is offering a special in order to get them completed ASAP before Biden leaves office and Trump takes office. Our clemency evaluation telephone number for the above is (832) 346-0220.
We have received a lot of inquiries about 18 U.S.C. §§ 922(g) & 924(c) convictions based on the recent Rahimi decision and circuit decisions such as Range and Williams based on last year’s Bruen Supreme Court decision. We are still evaluating cases for the new Amendments and/or the firearm convictions. However, contrary to inmate rumor at inmate.com, there are no changes to § 924(c) convictions. However, the First, Fourth, Ninth, and Tenth Circuits have determined that district courts may consider § 403(a)’s non- retroactive changes in combination with other factors presented by an incarcerated person. These Circuits effectively allow district courts to consider an incarcerated person’s stacked charges as an extraordinary and compelling reason, so long as they present another factor that may warrant compassionate release. We will need an outside contact’s name and telephone number, where you went to court, and your case number. We will contact your contact and let them know if you have any potential relief available from the above remedies. Our case evaluation telephone number for the above is (832) 346-0220.
For the last 30 years, we have been very successful on direct appeals, 2255 motions, 2241 Petitions, First Step Act and Compassionate Release Motions, Earned Time Credits, DC Superior Court Petitions, State Post Conviction, Clemencies and Pardons and other specialized motions to mention a few avenues for relief we cover. The WCE is an excellent low-cost tool to see what can be done for you at any stage of the proceedings. It is thorough and detailed from day one of your case to present with our recommendations of any remedies available to you to gain relief.
If you are serious about fighting your case and want us to evaluate your case to see if you may have relief coming, request a Written Case
Evaluation.
Beginning January 1, 2025, we will start our own paid newsletter subscription service. Inmates who wish to continuously receive weekly ALERT Update are required to pay a $24.99 subscription fee to cover a year's subscription for one (1) inmate/email. This small amount will not only cover our costs, but will allow us to expand our coverage. Should you be interested, your outside contact may call us direct at (832) 346-0220 or you may email us at Alertupdate2020@gmail.com for details.