U. S. Supreme Court Happenings, Favorable Federal Circuit Opinions and Other News for the Week of January 15-19, 2024 --
U. S. Supreme Court Happenings– Week Ending January 19, 2024 –
The Justices met for their January 19, 2024 conference today. We expect Orders on Monday, January 22, 2024.
Supreme Court likely to discard Chevron. It has been nearly 40 years since the Supreme Court indicated in Chevron v. Natural Resources Defense Council that courts should defer to an agency’s reasonable interpretation of an ambiguous statute. After more than three-and-a-half hours of oral argument on Wednesday, it seemed unlikely that the rule outlined in that case, known as the Chevron doctrine, will survive in its current form. A majority of the justices seemed ready to jettison the doctrine or at the very least significantly limit it. The plea to overturn the Chevron doctrine came to the court in two cases challenging a rule, issued by the National Marine Fisheries Service, that requires the herring industry to bear the costs of observers on fishing boats. Applying Chevron, both the U.S. Court of Appeals for the District of Columbia Circuit and the U.S. Court of Appeals for the 1st Circuit upheld the rule, finding it to be a reasonable interpretation of federal law. The justices and advocates also debated what the impact of a decision overruling Chevron would be. U.S. Solicitor General Elizabeth Prelogar told the justices that thousands of rulings “would be open to challenge.” “Litigants,” she said, “will come out of the woodwork.”
Favorable Federal Circuit Opinions for the Week of January 15-19, 2024 –1st Circuit
United States v. Arce-Ayala, (No. 21-1511)(1st Cir. January 17, 2024)– Pursuant to a negotiated agreement, appellant Samuel Arce-Ayala pled guilty
to federal charges related to drug trafficking and possession of a firearm. Arce-Ayala says he understood that this plea agreement guaranteed his federal sentence would reflect "credit" for
the prison time he served for related non-federal criminal convictions. Statements from his lawyer and the district court reinforced his belief. Yet, after entering a guilty plea, Arce-Ayala
discovered such credit could not reduce his sentence below the applicable mandatory minimum terms of imprisonment. He then moved to withdraw his plea before sentencing, but the district
court denied the motion and sentenced him to the mandatory minimum prison terms for his charged offenses. On appeal, Arce-Ayala that argued the district court should have permitted him to
withdraw his guilty plea because, not understanding the consequences of his plea, it was unknowing. Agreeing with his position, the First Circuit vacated Arce-Ayala's criminal judgment of
conviction remanded this case to the district court for further proceedings. Arce-Ayala shall be permitted to withdraw his guilty plea.
8th Circuit
United States v. Daye, (No: 23-1048)(8th Cir. January 16, 2024)– Applying the categorical approach to determine whether defendant's convictions for Domestic Abuse Assault, Enhanced in violation of Iowa Code Sec. 708.2A(3)(b) were crimes of violence for sentencing purposes, the district court did not err in determining they were not categorically crimes of violence; the government conceded that a defendant can be found guilty of Domestic Abuse Assault, Enhanced by committing three simple misdemeanor domestic abuse assaults, and a simple misdemeanor domestic abuse assault is not a crime of violence.
OTHER NEWSWhat happened to Biden’s promises on criminal justice reform? – The Hill by Max Burns – 1/17/2024 – Below are some excerpts from the article.
Back in his 2020 run for the White House, Joe Biden won over the skittish left in part because of his willingness to take big, bold stances on hot-button issues like criminal justice reform.
From interrupting the so-called “ school to prison pipeline” through boosts to mental health funding to ending all incarceration for simple possession of drugs, the former vice president
imagined a ground-up reworking of the carceral state....
A lot has changed in four years. Biden’s old criminal justice pitch has since been scrubbed from his website. He now faces regular criticism not only from the progressive left but also
from experts within the criminal justice system for his often contradictory approach to the issue. Biden isn’t alone: across the party, one of Democrats’ biggest issues in 2020 is all but
invisible this year.
That creates the bizarre circumstances for 2024, where Republican presidential front-runner Donald Trump can run to Biden’s left on criminal justice reform. The former president’s First Step
Act marked its fifth anniversary last month, with the Bureau of Prisons reporting that more than 26,000 incarcerated Americans have been released under First Step provisions. The First Step
Act is even held in high regard by criminal justice leaders who share no other common ground with Trumpism.
Critically, Trump’s First Step Act also proved that federal criminal justice reform does work. Republicans who supported the bill now proudly share news stories about how incarcerated people
released under the FSA are 37 percent less likely than their peers to reoffend. The success and broad national popularity of the First Step Act should open the door for even bolder action by
Biden, including a follow-up bill that expands on what FSA began. Instead, Democrats have ceded that ground to Trump, who will certainly make political hay of Biden’s limited action during
the exhausting campaign ahead.
ALERT2020 takes no side on these political issues, we only report the facts.
Fair Sentencing/Retroactive Sentence Reductions 4,132 Orders Granted to date.
Elderly Offender Home Confinement 1,247. Approved to date.
First Step Act Releases 27,981 granted to date.
Compassionate Releases/Reduction in Sentences 4,676 granted to date.
Population in RRC’s 7,988.
Population in Home Confinement 5,341.
Please note our Special at the end of this newsletter which ends Today.
A slow short week because of the Holiday and cold weather everywhere.
We are still 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.
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
Evaluation.