U. S. Supreme Court Happenings and Favorable Federal Circuit Opinions for the Week of June 3-7, 2024--

U. S. Supreme Court Happenings– Week ending June 7, 2024 –

The Justices held their June 6, 2024 conference. We expect Orders on June 10, 2024. There were no new opinions from the Court relating to criminal matters.

In a list of orders released on Monday morning, the Supreme Court added one new case to its argument docket for the 2024-25 term. With roughly one month remaining before the Justices’ summer recess, during which they traditionally do not grant new petitions for review, the Justices now have only 10 cases on their schedule for next term, well below their pace in prior terms.

In Delligatti v. United States, (No. 23-825)(S. Ct. Cert. Granted June 3, 2024), the Justices agreed to weigh in on a federal sentencing law that imposes a mandatory minimum sentence for anyone who carries a gun during a “crime of violence.” The statute defines “crime of violence” as one that “has as an element the use, attempted use, or threatened use of physical force against the person or property of another.” The Justices on Monday agreed to decide whether the law’s reference to the use of force applies to crimes that require proof that the victim was injured or killed, but can be committed by failing to take action — such as failing to give medicine to someone who is sick or neglecting to feed a child.

Under 18 U.S.C. § 924(c)(3)(A), a felony qualifies as a “crime of violence” if it “has as an element the use, attempted use, or threatened use of physical force against the person or property of another.” Courts have disagreed about how to apply use-of-force language to crimes that require proof of a victim’s bodily injury or death but can be committed by failing to take action.

In the decision below, the Second Circuit held that any crime requiring proof of death or bodily injury categorically involves the use of physical force, even if it can be committed through inaction—such as by failing to provide medicine to someone who is sick or by failing to feed a child....

The question presented is: 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.,/p>

The Supreme Court has about 3 weeks to issue its remaining opinions in cases argued this Term if it is going to wrap its work before the start of July (as is its yearly custom). Of course, we only focus on the Court’s criminal justice work. In that space, we count nearly a dozen notable criminal cases still pending, some constitutional and some statutory. Though a number of these could be blockbusters, there are at least three constitutional cases that we are especially eager to see the Court’s opinions. In these three cases, based in part on oral argument, we are already pretty sure which party is likely to prevail, but just how the opinions are written could still prove really interesting: United States v. Rahimi, No. 22-915 [Arg: 11.7.2023]; Erlinger v. United States, No. 23-370 [Arg: 3.27.2024]; and City of Grants Pass, Oregon v. Johnson, No. 23-175 [Arg: 4.22.2024].

In all of these cases, dealing with the Second, Sixth and Eighth Amendments, respectively, just how the Court gets to its results could matter a whole lot. Stay tuned, we are on it.

Favorable Federal Circuit Opinions for the Week of June 3-7, 2024 –

1st Circuit

United States v. Canada, (No. 22-4519)(4th Cir. June 3, 2024)– A jury convicted Zavien Lenoy Canada of violating 18 U.S.C. § 922(g)(1), which creates what is often called the “felon-in-possession” offense. See Greer v. United States, 593 U.S. 503, 506 (2021). Canada, among other things, that the district court erred in imposing an enhanced sentence under the Armed Career Criminal Act. The Court held that the district court erred in sentencing Canada under the ACCA because one of the three qualifying convictions identified by the district court was for criminal domestic violence in violation of South Carolina law, which in light of Borden v. United States, 593 U.S. 420 (2021) did not qualify because “a criminal offense” may not “count as a ‘violent felony’ ” under the ACCA “if it requires only a mens rea of recklessness.” Id. at 423. The Court thus vacated the district court’s judgment and remandede for resentencing.

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

Fair Sentencing/Retroactive Sentence Reductions 4,142 Orders Granted to date.
Elderly Offender Home Confinement 1,246. Approved to date.
First Step Act Releases 33,719 granted to date.
Compassionate Releases/Reduction in Sentences 4,725 granted to date.
Population in RRC’s 8,392.
Population in Home Confinement 4,932.

COMMENT:

Please note below that Lily will be taking over Carina’s position for Spanish Speaking clients. We can help anyone interested in putting together a package to apply for clemency or pardons. The better the package, the better the chance. In the past, we have had many people get clemencies, computations of sentences and a few pardons.

We are still receiving a great amount of people wanting to find out if they qualify for any of the new USSG Amendments such 814 and 821. Our FREE LOOK program ended Monday, April 1, 2024. We had hundreds of inquiries, but not many people actually qualified. Instead, we suggest that you opt for a Written Case Evaluation (“WCE”) as soon as possible to determine all remedies available to you to gain relief including all of the recent Amendments.

For the last 30 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.

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.