U. S. Supreme Court Happenings, Favorable Federal Circuit Opinions and Other News for the Week of July 29- August 2, 2024--

U. S. Supreme Court Happenings– Week ending August 2, 2024 –

The Court is currently in summer recess. The new term will begin in October, 2024.

The Supreme Court will hear a challenge to the Biden administration’s efforts to regulate so-called “ghost guns” in the first week of the 2024-25 term in October, followed the next day by an unusual death-penalty case – in which the state’s attorney general supports the condemned man’s efforts to overturn his conviction and sentence. Garland v. VanDerStok and Glossip v. Oklahoma headline the Supreme Court’s October argument calendar, which was released on Friday morning.

The November argument calendar, released at the same time, includes cases brought under the Medicare Act, immigration law, and securities fraud laws. Not much that applies to criminal justice matters except perhaps Delligatti v. United States (Nov. 12) – Whether a crime that requires proof of bodily injury or death, but can be committed by failing to take action, has as an element the use, attempted use, or threatened use of physical force. Hopefully the Court will grant more certs regarding criminal matters this next term.

Favorable Federal Circuit Opinions for the Week of July 29-August 2, 2024 –

2d Circuit

United States v. Rainford, et. al., (Nos. 20-359, 20-2695, 20-2993, 21-1753)(2d Cir. August 2, 2024)– The defendants-appellants, who were convicted of orchestrating a fraudulent slip-and-fall scheme, challenged their convictions, their guidelines calculations, and their sentences. The Court remanded for factfinding as to the number of fraudulent accidents the conspiracy orchestrated while Rainford and Locust were members of the conspiracy for the purpose of computing the loss enhancement under U.S.S.G. § 2B1.1. With respect to the sentences, thr Court (1) vacated and remanded Duncan’s forfeiture order, concluding that it was based only on government allegations, not on factual material, (2) modified the restitution order for Rainford and Locust by $120,000, and (3) remand Rainford case to the district court to reconsider the sentence “as may be just under the circumstances.” 28 U.S.C. § 2106.

United States v. Rosado, (No. 22-1013-cr)(2d Cir. July 30, 2024)– Rosado appealed his judgment. He challenged seven additions to his conditions of supervised release on the ground that they were not orally pronounced at sentencing, but were added only later in the written judgment of conviction. The Court agreed with Rosado that the oral pronouncement of his sentence does not match his subsequent written judgment. The oral pronouncement controls, and so any burdensome punishments or restrictions added in the written judgment should be removed. Accordingly, the Court vacated and remanded to the district court to strike the challenged conditions from the written judgment.

4th Circuit

United States v. Hashimi, (No. 22-7190)(4th Cir. August 2, 2024)– A federal jury convicted Ahmad Hashimi of four criminal charges after his lawyer conceded guilt on two. Hashimi says his lawyer made the concession against his wishes and therefore violated the Sixth Amendment autonomy right established in McCoy v. Louisiana, 584 U.S. 414 (2018). The district court denied Hashimi’s 28 U.S.C. § 2255 motion without an evidentiary hearing. That step is appropriate only where “the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief,” 28 U.S.C. § 2255(b), and the record here does not make that conclusive showing. Accordingly, the Court vacated the denial of Hashimi’s § 2255 motion and remanded for furtherfactual development.

OTHER NEWS

As previously noted, the Sentencing Commission retroactivity decision, and its priorities for next year is set for next Thursday, August 8. At that scheduled August 8th meeting, the U. S. Sentencing Commission will decide whether four proposed Guidelines changes to become effective in November will be retroactive. The four changes for which retroactivity is on the table are:

• the acquitted conduct amendment;
• a change to § 2K2.1(b)(4)(B)(i) to provide that the 4-level enhancement gun serial number obliteration applies only if the serial number has been modified such the original number is “is rendered illegible or unrecognizable to the unaided eye;”
• a change to Commentary in § 2K2.4 to permit grouping of an 18 USC § 922(g) gun count with a 21 USC § 841 drug trafficking count where the defendant has a separate 18 USC § 924(c) gun conviction based on drug trafficking; and
• a change in § 2D1.1(a) to tie mandatory and high base offense levels to statutory maximum sentences instead of more complex factors that are not necessarily consistent with 21 USC § 841(b)(1)(A) or (B).

The Commission will also adopt priorities for the coming year.

Latest Bureau of Prison’s Statistics (From BOP Website):

Fair Sentencing/Retroactive Sentence Reductions 4,146 Orders Granted to date.
Elderly Offender Home Confinement 1,246. Approved to date.
First Step Act Releases 35,917 granted to date.
Compassionate Releases/Reduction in Sentences 4,739 granted to date.
Population in RRC’s 8,370.
Population in Home Confinement 4,846.

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