U. S. Supreme Court Happenings, Favorable Federal Circuit Opinions for the Week of January 1-5, 2024 --
U. S. Supreme Court Happenings– Week Ending January 5, 2024 –
The Justices met for their January 5, 2024 conference. We will expect Orders on January 8, 2024. The Supreme Court considered a whopping 472 petitions and applications at this Friday’s conference, making it the biggest conference since the behemoth end-of-summer “long conference.” The justices are reconsidering three cert petitions for the first time.
Favorable Federal Circuit Opinions for the Week of January 1-5, 2024 –4th Circuit
United States v. Evans, (No. 21-4181)(4th Cir. January 5, 2024)– Rodriquies Evans was convicted at trial of four criminal offenses stemming from
his participation in a multistate conspiracy to transport and distribute methamphetamine and other controlled substances. At sentencing, the district court adopted a Sentencing Guidelines
advisory range of life imprisonment and sentenced Evans to the statutory maximum of 80 years in prison. The primary issue on appeal is the calculation of Evans’s Sentencing Guidelines range.
Evans argued that his sentence was procedurally unreasonable, challenging the district court’s calculation of the quantity of drugs attributable to him for sentencing purposes and the
court’s imposition of four sentencing enhancements. The district court applied both a two-level enhancement for possession of a firearm, and a twolevel enhancement for making “a credible
threat to use violence.” Though these two enhancements may be applied cumulatively, the possession of a firearm or other dangerous weapon underlying a § 2D1.1(b)(1) enhancement cannot by
itself be the basis for a second, “threat” enhancement under § 2D1.1(b)(2). The Court agreed with Evans that the district court erred in its Guidelines determination and therefore vacated
Evans’s sentence and remanded for resentencing.
United States v. Gallagher, et. al., (No. 22-4128)(4th Cir. January 3, 2024)– A foreign service officer and a noncitizen were convicted of conspiring to fraudulently obtain U.S. citizenship for the noncitizen and making false statements in their efforts to do so. The Court concluded the evidence was sufficient to support each defendant’s convictions and thus reject the argument they are entitled to a judgment of acquittal. But because the jury was allowed to consider a legally inadequate theory on one count and an erroneous evidentiary ruling prevented the defendants from offering certain evidence on the remaining two counts, the Court vacated the convictions and remanded for further proceedings.
5th Circuit
United States v. Diaz-Diaz, et. al., (No. 22-50951)(5th Cir. January 3, 2024)– This appeal arises out of the convictions of Jose Guadalupe Diaz-
Diaz (“Diaz”) for his involvement in the murders of three people in Ciudad Juarez, Mexico in 2011. A key issue for Diaz is whether sufficient evidence existed to support his 18 U.S.C. §
956(a)(1) convictions for conspiracy to commit murder in a foreign country. Diaz challenged his three consecutive life sentences for his convictions under 18 U.S.C. § 924(c) and (j). The
record indicates that the district court believed the consecutive life sentences on these three counts were mandatory. However, while this case was pending, the Supreme Court held that
section 924(c)(1)(D)(ii)’s bar on concurrent sentences does not extend to a sentence imposed under section 924(j). Lora v. United States, 599 U.S. 453, 455, 458 (2023) (“Subsection (j)
contains no consecutive-sentence mandate.”). As a result, a district court has discretion to impose a section 924(j) sentence concurrently with another sentence. Id. at 46 The Court vacated
and remanded as to Diaz’s consecutive life sentences for the three section 924(j) convictions.
7th Circuit
United States v. Gamez, (No. 22-2278)(7th Cir. January 2, 2024)– Gamez challenged the 15-year mandatory minimum federal sentence he received under
the Armed Career Criminal Act, which applies to persons with three or more violent felonies who are convicted of possessing a firearm as a felon. The Court previously certified this case to
the Indiana Supreme Court for guidance on the elements of Indiana arson—one of Gamez’s prior felony convictions. The state’s supreme court declined to address the certified question,
requiring us to now resolve whether a conviction under Indiana’s 2002 arson statute constitutes a “violent felony” within the meaning of 18 U.S.C. § 924(e). Concluding that the answer is no,
the Court returned the case to the district court for resentencing.
11th Circuit
United States v. Gatlin, (19-14969)(11th Cir. January 5, 2024)– Jason Gatlin appealed his convictions and sentences. On appeal, Gatlin raises
several arguments in challenging his convictions and sentences. The Court held that no rational trier of fact could have found the federal nexus element of the witness tampering crime. The
Court reversed his conviction and sentence as to Count 3.
OTHER NEWS
Fair Sentencing/Retroactive Sentence Reductions 4,127 Orders Granted to date.
Elderly Offender Home Confinement 1,247. Approved to date.
First Step Act Releases 27,437 granted to date.
Compassionate Releases/Reduction in Sentences 4,652 granted to date.
Population in RRC’s 7,936.
Population in Home Confinement 5,307.
A little better week for cases this week. Please note our Special at the end of this newsletter.
We are receiving a great amount of people wanting to find out if they qualify for any of the new USSG Amendments. We suggest that you opt for a
Written Case Evaluation (“WCE”) as soon as possible to make that determination. Amendment 814 is now effective. A WCE will also tell you if you have any other relief available (WE NO LONGER
OFFER FREE LOOKUPS).
For the last 29 years, we have been very successful. We can help 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 gain relief.
NOTICE: “We are offering a ‘New Year Deal’ for a week starting on January 2 - 19, 2024. You can save 10% off on all of our full Pleadings,
such as direct appeals, § 2255 Motions, Compassionate Release, and 3582(c)(2) Motions etc. Ask for details when you contact our representatives. This does not apply to Written Case
Evaluations.”
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
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