Entries by Jeremy Gordon

Encouraging News on Clemency: What We Can Discover from the President’s July 2019 Uses of Clemency?

The current President has made some waves during the first three years of his presidency with regard to his use of the clemency power.  The August 2017 pardon of former Maricopa County Sheriff Joe Arpaio, who was convicted of contempt of court for the use of discriminatory immigration-enforcement tactics, was accomplished without keeping the Department […]


The First Step Act: An Explainer

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.

Fifth Circuit Holds That Sentencing Guidelines Error can Meet Plain Error Analysis

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 […]

The Community Safety and Security Act of 2018: Does It Spell More Trouble for Immigrants in the U.S.?

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, […]