The FIRST STEP Act makes changes to the way that “good time” is assessed by the Bureau of Prisons, retroactively applies the Fair Sentencing Act of 2010, Reauthorizes the Second Chance Act, allows inmates to petition the court for compassionate release, bans the shackling of women during child birth, adds “sunlight” provisions to parts of these bills and several other things. This explainer will discuss a majority of portions of the Act.
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Entries by Jeremy Gordon
The piece of legislation known as the FIRST STEP ACT has passed both the House and Senate.
In United States vs. Lewis, 17-7033, the Tenth Circuit offered guidance on how to apply Mathis to a Johnson Claim
In United States vs. Qunitero, No. 17-20727 the Fifth Circuit held that an error in the sentencing guidelines could meet the plain error analysis. Quintero pled guilty to illegally re-entering the U.S. He wasoriginally scheduled for sentencing under the 2015 Guidelines, but was delayedto December after the 2016 Guidelines Manual had gone into effect. Quintero […]
In United States of America vs Desmond Camp, No. 17-1879, the Sixth Circuit held that a Hobbs Act Robbery was not a proper enhancement for the Career Offender Guidelines.
In the Wake of Dimaya, Congress Creates a Sweeping Definition of a “Crime of Violence” A recent op-ed in the New York Times characterizes the ideology of “America First” as having three pillars – isolationism, protectionism, and restricting immigration. The third pillar is on full display in Congress’s new bill in response to the United […]
SIXTH CIRCUIT FINDS CORRECTED SENTENCE ILLEGAL AND UNREASONABLE United States vs. Nichols, No. 17-5580 Nichols was convicted for felon in possession of a firearm in 2004. While the maximum for that offense is ten years imprisonment, he was enhanced under the Armed Career Criminal Act and received a sentence of 288 months. While in prison, […]
In 2009, Kurt Harrington was convicted of seven drug offenses. The government filed a notice pursuant to 21 U.S.C. 841 and 851 based on a 2002 felony drug conviction. As a result, Harrington faced a mandatory term of life imprisonment “if death results from the use of substance and violation was committed after prior conviction […]
Pablo Lovo and Joel Sorto were found guilty of conspiracy to commit Hobbs Act robbery, 18 U.S.C. 1951, and using, carrying or possessing a firearm during a crime of violence. 18 U.S.C. 924(c). Lovo and Sorto appealed their convictions to the D.C. Circuit, which garnered a remand on claims of ineffective assistance of counsel. However, […]
584 U. S. ____ (2018), No. 16–1027. The Supreme Court handed down an important search and seizure case in Collins vs. Virginia. Officers from the Albemarle County Police Department observed the same motorcycle driver commit a traffic infraction in two separate incidents. In both situations, the cyclist got away from the officers. […]