Alert Update – U. S. Supreme Court Happenings and Favorable Federal Circuit Opinions for the Week of November 18-22, 2024--
U. S. Supreme Court Happenings– Week Ending November 22, 2024 –
The Justices held their November 22, 2024 conference today. The Court on this morning released its calendar for the February argument session. The Justices will hear eight hours of oral argument over six days, beginning Feb. 24. On March 4, the Court will hear arguments in a dispute over whether the Mexican government can sue U.S. gun manufacturers. Mexico argues that gun manufacturers had aided and abetted the illegal sales of guns to traffickers for cartels in Mexico. The session will also include cases on “reverse discrimination,” post-conviction DNA testing for a man on death row in Texas, and nuclear fuel storage.
Favorable Federal Circuit Opinions for the Week of November 18-22, 2024 –3rd Circuit
United States v. Soto, (No. 23-1827)(3d Cir. November 20, 2024)– A jury convicted Jose Soto of one count of conspiracy to commit bank robbery, in violation of 18 U.S.C. § 371, two counts of bank robbery, in violation of 18 U.S.C. § 2113(a), and two counts of using and carrying a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. § 924(c)(1)(A)(ii) and 18 U.S.C. § 2. At sentencing, the District Court set his offense level at 29 and ultimately sentenced him at the high-end of his Guidelines range: 289 months in federal prison (including two mandatory and consecutive seven-year terms). Soto’s offense level determination incorporated a two level enhancement for obstruction of justice pursuant to United States Sentencing Guideline (“USSG”) §3C1.1. The District Court imposed this enhancement based on allegations that Soto improperly: (1) stepped onto an elevator full of jurors and asked one of them to press the first floor button; (2) interacted with a testifying witness’s brother on the weekend of trial; and (3) greeted victims as they entered the courthouse. Because the record inadequately supports this enhancement’s application, the Court vacated and remanded for a new sentencing.
4th Circuit
United States v. Chang, (No. 23-4615)(4th Cir. November 20, 2024)– After David Chang pleaded guilty to participation in a drug-trafficking conspiracy, the district court sentenced him to 72 months’ imprisonment and four years’ supervised release. The court found that Chang qualified for the safety valve under 18 U.S.C. § 3553(f) but applied that provision erroneously, and we vacated the sentence and remanded for resentencing. Following a lengthy and fulsome hearing on September 29, 2023, the district court resentenced Chang to 69 months’ imprisonment and ten years’ supervised release. Chang contended that the new sentence was harsher than his original sentence and therefore vindictive in violation of the Due Process Clause. While the circumstances of this case arguably fail to show a “reasonable likelihood of vindictiveness,” United States v. Goodwin, 457 U.S. 368, 373 (1982), they are nonetheless insufficient to explain a harsher sentence. Therefore, the Court vacated Chang’s sentence and remanded again for resentencing.
5th Circuit
United States v. Minor, (No. 22-51083)(5th Cir. November 20, 2024)– Edgar Hermosillo Minor appealed the district court’s application of the career- offender enhancement to his sentence, arguing that a 2018 amendment to the Controlled Substances Act results in his prior convictions criminalizing a broader swath of conduct than the Sentencing Guidelines’ current definition of “controlled substance offense,” and therefore, the enhancement does not apply to him. That is because, in 2018, the Agriculture Improvement Act removed “hemp” from the CSA’s definition of marijuana. 21 U.S.C. § 802(16)(B)(i) The Court reversed and remanded for resentencing.
United States v. Qureshi, (No. 22-20328)(5th Cir. November 20, 2024)– Parvez Qureshi was convicted by a jury of one count of conspiracy to distribute controlled substances in violation of 21 U.S.C. § 846 and four counts of distribution of controlled substances in violation of 21 U.S.C. § 841(a)(1). After Qureshi’s conviction, the Supreme Court decided Ruan v. United States, which held that “once a defendant meets the burden of producing evidence that” he was “authorized” to distribute a controlled substance, “the Government must prove beyond a reasonable doubt that the defendant knowingly or intentionally acted in an unauthorized manner.” Because the distribution-count instructions’ erroneous omission of that element was not harmless, the Court vacated Qureshi’s convictions under Counts 2, 3, 4, and 5 and vacated Qureshi’s sentence for all counts and remanded for further proceedings.
COMMENT:With regard to clemencies, we 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 also 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. 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
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