U. S. Supreme Court Happenings, Favorable Federal Circuit Opinions & Other News for the Week of October 10-14, 2022--

Supreme Court Happenings for the Week ending October 14, 2022 –

The Court held oral argument on Tuesday and Wednesday of this week. The Justices met today for their October 14, 2022 conference. We expect Orders next week.

"Justice Jackson Can Shift High Court’s Crime Docket Post Breyer."

Jackson is expected to side with criminal defendants in cases involving sentencing and search and seizure more often than her predecessor, Stephen Breyer, who cast tie-breaking votes for the government. But to make a majority on the court dominated by six Republican appointees, criminal defendants may need to attract not only Jackson and the other two Democratic appointees but two Republican appointees as well.

“Justice Jackson is going to bring all of her experiences in the criminal legal system to the table — and to conference — and I anticipate her voice and vote having added gravitas on criminal law, criminal procedure, and federal sentencing,” said Devi Rao, director of the MacArthur Justice Center’s Washington office and deputy director of its Supreme Court and Appellate Program.

“She’ll be more than just the ‘junior Justice’ when it comes to these issues,” Rao said of the former public defender who represented Guantanamo detainees and was a sentencing commissioner at the center of reducing drug punishments.

An upcoming test of a potential new criminal coalition comes as the justices prepare to consider taking a case that asks whether judges can punish defendants for conduct they’re acquitted of at trial.

Favorable Federal Circuit Opinions for the Week of October 10-14, 2022 –

7th Circuit

United States v. Newbern, (No. 22-1244)(7th Cir. October 12, 2022)– The Supreme Court decided Concepcion v. United States, holding that “when deciding a First Step Act motion, district courts bear the standard obligation to explain their decisions and demonstrate that they considered the parties’ arguments.” 142 S. Ct. 2389, 2404 (2022). Newbern appealed the denial of his request for sentencing relief under the First Step Act. He is correct that the district court fell short in demonstrating that it had considered one of his primary arguments for relief. The Court vacated and remanded for further proceedings consistent with Concepcion.

OTHER NEWS

With Regard to the Equal Act–

The EQUAL Act has been attached to the House version of the National Defense Authorization Act by Rep Mikie Sherrill (D-NJ). The amendment is one of a large number of riders attached to the NDAA, few of which ever survive passage of the annual appropriations bill. Whether senators will go along with enacting any of these reforms in the final bill remains to be seen. They would not be included under Senate leaders’ proposed amendment to entirely substitute the language of the House bill with the chamber’s own approach that will be considered when lawmakers return to Capitol Hill after the midterm elections.

In fact, some suggest that the President’s administrative review of the scheduling of marijuana may be a trap. Legalizing via Congress is (relatively) quick and easy. The MORE Act, which would end the federal prohibition of marijuana, has now passed the House twice, but does not currently have enough support in the Senate.

U. S. Sentencing Commission Produces "Additional Analyses" of Those Receiving Federal Marijuana Possession Pardons–

The U.S. Sentencing Commission had produced a three-page analysis of “data relating to offenders sentenced between fiscal year 1992 and fiscal year 2021 convicted of at least one count of simple possession involving marijuana.” That analysis explained where “senior administration officials were getting the talking point that around 6500 people were going to benefit from President Biden's decision to grant a blanket pardon to “all current United States citizens and lawful permanent residents who committed the offense of simple possession of marijuana in violation of the Controlled Substances Act.”

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

Fair Sentencing/Retroactive Sentence Reductions 3,949 Orders Granted to date.
Elderly Offender Home Confinement 1,201 Approved to date.
Compassionate Releases/Reduction in Sentences 4,311 granted to date.

COMMENT:

With regard to President Biden’s Marijuana Pardon program, we believe that where it could be the most helpful is for people deemed career offenders, or for § 851 enhancements or for Criminal History Categories reductions. This would mean significant reductions for many more than the estimated 6500 the government believes will benefit.

Anyone who believes they may have a Taylor, Concepcion, Ruan, Bruen, Earned Time Credit or Marijuana Pardons problems or any other claim you b elieve you may have relief coming for or just want to see if we can find something that will gain you relief should opt for a Written Case Evaluation. With regard to the recent decision in Quiroz we have been in front of Judge Counts of several occasions in Midland-Odessa, Texas. It is not surprising that he wrote such an opinion.

Another very slow week for favorable cases. Of course, Monday was a federal Holiday. There were 13 new compassionate release motions granted this week and 2 others were granted relief for the Fair Sentencing Act/ Retroactive Sentence Reductions. As previously mentioned, in the last two months, we have had four (4) people released, two out of the 3d Circuit and two out of the 7th Circuit. Three on compassionate release motions and one on a § 2255 COA motion. Anyone who thinks that they may qualify for compassionate release or any other remedy should request a Written Case Evaluation. For the last 27 years, we have also been very successful on direct appeals, 2255 motions and 2241 Petitions, First Step Act, Compassionate Release Motions, DC Superior Court, State Post Conviction, Clemencies and Pardons, and Parole Packages to mention a few avenues for relief. We also can help you with Earned Time Credits and other specialized motions.

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.