U. S. Supreme Court Happenings, Favorable Federal Circuit Opinions and for the Week of October 23-27, 2023--

U. S. Supreme Court Happenings for the Week ending October 27, 2023, 2023 –

The Justices met for their October 27, 2023 conference today.

The justices will begin their second session of oral arguments on Monday, Oct. 30. Among the seven cases they are scheduled to hear, the Justices will have their first Second Amendment case since the Court’s 2022 landmark ruling in Bruen. Notably, though, the Bruen ruling used the adjective "law-abiding" nearly two dozen times in the course of its reorientation of Second Amendment doctrine. Thus, Bruen arguably makes understanding this term in this context even more important for the future of constitutional gun rights.The Supreme Court will hear oral argument in United States v. Rahimi, which will address (at least) one aspect of how the landmark Bruen Second Amendment case applies to federal firearm possession criminalization based on the individual asserting gun rights.

With regard to Second Amendment (firearm rights), a federal district court ruling from New York’s federal courts earlier this week that may put traffic scofflaws who love their guns at ease. A New York Times article, headlined “Traffic Tickets Are No Bar to Owning a Gun in New York City, Judge Rules,” provides a useful summary of the ruling and broader context:
The New York Police Department wrongly denied a Brooklyn man a firearm license because of his many traffic violations, a federal judge ruled Tuesday, a decision that could stop the city from considering moral character when deciding whether someone can have a gun.
The case in the Southern District of New York centered on Joseph Srour, a Brooklyn man rejected twice after he applied in 2018 to keep rifles, guns and shotguns in his home for protection. Mr. Srour challenged the department’s decision to reject his application based on the city’s administrative code, which allows a licensing agency, in this case the Police Department, to deny a firearm permit if it determines that an applicant lacks “good moral character” or for “other good cause.”
In his decision, Judge John Cronan, nominated to the bench in 2019 by then President Donald Trump, wrote that the department used “broad and unrestrained” standards when considering Mr. Srour’s case. “Because that unconstitutional exercise of discretion occurs every time a licensing official applies or has applied these provisions, they each are facially unconstitutional,” he wrote, referring to the “good moral character” condition cited by the Police Department....
The ruling by Judge Cronan, which is likely to be heard by the appeals court, could allow people with more serious records than Mr. Srour’s to own a gun if it stands, said David Pucino, legal director of the Giffords Law Center to Prevent Gun Violence. “It would be serious problem,” he said. “These kinds of decisions have the potential to cripple the ability of law enforcement and other regulating authorities to enforce the laws that are on the books. This is an attack on that.”...
Mr. Srour had no criminal convictions, but the New York police twice denied his application to keep firearms in his home based in part on his two arrests, 28 traffic violations, 24 license suspensions and six driver's license revocations. He also had two criminal court summonses for creating a wake while operating a personal watercraft, according to the lawsuit he filed in 2022.
The circumstances surrounding Mr. Srour’s arrests, his failure to disclose them on his application and his poor driving history “portray a lack of good moral character and disregard for the law,” the city wrote in its notice rejecting Mr. Srour’s application. Judge Cronan wrote that those communications were not “models of clarity in explaining the precise legal grounds for denying his applications to possess firearms” and reflected “unfettered discretion.”
“Without doubt, the very notions of ‘good moral character’ and ‘good cause’ are inherently exceedingly broad and discretionary,” he wrote. “Someone may be deemed to have good moral character by one person, yet a very morally flawed character by another.”
Mr. Srour, 49, who sells baby cribs and mattresses, declined to comment on the decision because the case is still pending. His lawyer, Amy Bellantoni, called the ruling “well reasoned and legally sound.”

Favorable Federal Circuit Opinions for the Week of 23-27, 2023 –

6th Circuit

United States v. Zakhari, (No. 22-5328)(6th Cir. October 23, 2023)– Zakhari was convicted. The district court sentenced him to the applicable mandatory minimum term of fifteen years in prison. On appeal, Zakhari argued that the court erroneously denied his motion to suppress his statement to police as obtained in violation of his right to counsel and his motion to dismiss Count 3 as vindictive. Because the suppression motion should have been granted and the district court did not sufficiently consider the claim of prosecutorial vindictiveness, the Court reversed the denial of the motion to suppress, vacated the conviction, and remanded for a new trial and reconsideration of the motion to dismiss.

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

Fair Sentencing/Retroactive Sentence Reductions 3,978 Orders Granted to date.
Elderly Offender Home Confinement 1,245 Approved to date.
First Step Act Releases 24,482 granted to date.
Compassionate Releases/Reduction in Sentences 4,632 granted to date.
Population in RRC’s 8,141.
Population in Home Confinement 5,659.

COMMENT:

Another scant week regarding favorable cases in the federal circuit courts this week.

With regard to the USSG Guideline Amendments coming into effect, we sent out a Special Edition newsletter regarding the two main Amendments earlier this week. We suggest that you read it carefully to explain USSG Amendments 814 and 821. Those motions should be prepared now to avoid the last minute rush. We can help you file them correctly also. If you want to know whether you qualify, we suggest that you opt for a Written Case Evaluation (WCE) ASAP to make that determination. Amendment 814 becomes effective on November 1, 2023. A WCE will also tell you if you have any other relief available. As such, if you believe you have a Dubin, Range/Bruen, Rehaif, Taylor, Concepcion, Ruan, Davis, Earned Time Credit or any other claim and want to see if you may have relief coming should opt for a WCE (we no longer offer Free Lookups).

For the last 29 years, we have been very successful on direct appeals, 2255 motions, 2241 Petitions, First Step Act and Compassionate Release Motions, DC Superior Court Petitions, State Post Conviction, Clemencies and Pardons to mention a few avenues for relief we cover. We also can help you with Earned Time Credits and other specialized motions. The WCE is an excellent 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 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.