U. S. Supreme Court Happenings, Favorable Federal Circuit Opinions & Other News for the Week of October 3-7, 2022--
Supreme Court Happenings for the Week ending October 7, 2022 –
The Supreme Court started back in session Monday. In this term so far there is not many criminal cases. The one case that is of interest is Jones v. Hendrix, No. 21-857, to be argued on November 1, is a big deal. As previously stated, the issue in Jones is:
Whether federal inmates who did not — because established circuit precedent stood firmly against them — challenge their convictions on the
ground that the statute of conviction did not criminalize their activity may apply for habeas relief under 28 U.S.C § 2241 after the Supreme Court later makes clear in a retroactively
applicable decision that the circuit precedent was wrong and that they are legally innocent of the crime of conviction.
Another case that we are watching is the McClinton v. United States, which is the acquitted conduct case. However, it has not been granted cert by the Court yet. Hopefully, the Justices will grant some more criminal cases to balance out their docket. On Friday, the Justices will meet for their next conference. We expect orders next week.
Favorable Federal Circuit Opinions for the Week of October 3-7, 2022 –3rd Circuit
United States v. Haisten, (Nos. 21-1421 and 21-1422)(3d Cir. October 5, 2022)– Judy and David Haisten appeal the District Court’s order denying their joint motion for post-conviction relief under 28 U.S.C. § 2255. They claim that their convictions should be vacated because their trial counsel was ineffective for failing to request a jury instruction on improper venue or judgment of acquittal on venue grounds. The Court vacated the District Court’s order and remanded for the Court to conduct an evidentiary hearing on whether their counsel had a strategic reason for not raising a defense based on improper venue on Counts 14 and 15.
OTHER NEWS More Details about President Biden's Mass Pardon of Federal Offenses of Simple Possession of Marijuana–The executive action will benefit 6,500 people with prior federal convictions and thousands of others charged under the District of Columbia's
criminal code, according to senior administration officials. Elaborating on the number of people affected, officials said “there are no individuals currently in federal prison solely for
simple possession of marijuana.”
Does the proclamation apply to convictions under state law?
No. President Biden’s proclamation does not pardon convictions under state law, although it does apply to possession of marijuana convictions
under the District of Columbia’s criminal code.
Does the proclamation apply to all types of federal marijuana offenses?
No. President Biden’s proclamation applies only to simple possession of marijuana offenses. Conspiracy, distribution, possession with intent to
distribute, and other charges involving marijuana are not pardoned by the Proclamation.
Do I qualify for a pardon if I was convicted under 21 U.S.C. § 844 of possessing marijuana and another drug in a single offense?
Yes and No. The proclamation does not apply to persons who were convicted of possessing multiple different controlled substance in the same offense.
For example, if you were convicted of possessing marijuana and cocaine in a single offense, you do not qualify for pardon under the terms of President Biden’s proclamation. If you were
convicted of one count of simple possession of marijuana and a second count of possession of cocaine, President Biden’s proclamation applies only to the simple possession of marijuana count,
not the possession of cocaine count.
Yes. President Biden’s Proclamation applies if the qualifying offense occurred on or before October 6, 2022, even if a conviction has not been
obtained by that date. Does the proclamation protect me from being charged with marijuana possession in the future?
Does the proclamation apply to charges that are currently pending as of October 6, 2022?
No. The proclamation pardons only those offenses occurring on or before October 6, 2022. It does not have any effect on marijuana possession
offenses occurring after October 6, 2022.
Last week, the newly-reconstituted U.S. Sentencing Commission (“USSC”) issued tentative policy priorities for the 2022-2023 amendment year. One of the first items on its agenda is amending the compassionate release Guideline, which hopefully will resolve the circuit split on compassionate release motion policy. The USSC also proposed to focus on changing firearms penalties under USSG § 2K2.1 in light of a new gun control law that created higher penalties for straw purchasers, felon-in-possession and other gun crimes; changing criminal history guidelines in light of studies on recidivism and difficulties applying the career offender provision, considering prohibiting the use of acquitted conduct in sentencing, changing the guidelines to permit more non-prison sentences for non-violent first offenders, and studying simplifying the guidelines while promoting the statutory purposes of sentencing. Stay tuned.
Latest Bureau of Prison’s Statistics (From BOP Website):Fair Sentencing/Retroactive Sentence Reductions 3,947 Orders Granted to date.
Elderly Offender Home Confinement 1,200 Approved to date.
Compassionate Releases/Reduction in Sentences 4,298 granted to date.
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, § 851 enhancements or for Criminal History Category reductions. This would mean significant reductions for many more than the estimated 6500 inmates the government believes
will benefit. We think that this is a good start, but hopefully the President will expand this to small distributions and conspiracy for marijuana. Further, lower the classification of
marijuana on the Guideline drug scale. Currently, it is the same as cocaine, meth and heroin.
Anyone who believes they may have a Taylor, Concepcion, Ruan, Bruen, Earned Time Credit problems or any other claim you believe 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 and the
Bruen case, we have been in front of Judge Counts of several occasions in Midland-Odessa, Texas. It is not surprising that he wrote such a well thought out opinion.
Only one favorable case this week. However, there were 3 new compassionate release motions granted this week. 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 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. Our following has grown to almost 50,000 now.
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.