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Category: Blog

From case law developments to perspectives to news, you'll find it here.

June 29, 2023
Supreme Court Makes Important Ruling for 2241 Motions and Savings Clause: Jones

The Supreme Court made an important ruling in Jones v. Hendrix. This ruling effectively ended the litigation over the Savings Clause and made circumstances more difficult for incarcerated persons where subsequent non-retroactive changes in the law may have previously made them innocent. Syllabus of Jones v. Hendrix  No. 21–857. Argued November 1, 2022—Decided June 22, 2023  […]

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June 20, 2023
Federal Reading List for Week of June 24, 2023

This is the Federal Reading List, a group of odds and ends that we want to at least let the public know about. Fact Sheet on President Biden’s Safer America Plan President Biden has published a fact sheet on his Safer America Plan. Here is the introduction: President Biden knows what works to make our communities safer: […]

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June 19, 2023
Supreme Court Makes Crucial Agg ID Theft Ruling: Dubin

Syllabus: United States vs. Dubin, 22-10 Petitioner David Dubin was convicted of healthcare fraud under 18 U. S. C. 1347 after he overbilled Medicaid for psychological testing performed by the company he helped manage. The question is whether, in defrauding Medicaid, he also committed “[a]ggravated identity theft” under 1028A(a)(1). Section 1028A(a)(1) applies when a defendant, “during […]

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June 17, 2023
United States Sentencing Commission Begins to Consider its 2023-2024 Policy Priorities

The wheels continue to turn at the United States Sentencing Commission as they have published their list of 2023-2023 Policy Priorities. The following priorities were put forth in the Federal Register (which is where federal regulations are placed): Proposed Priorities for Amendment Cycle AGENCY: United States Sentencing Commission. ACTION: Notice; Request for public comment. SUMMARY: […]

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May 26, 2023
Tenth Circuit Vacates Sentence After Insufficient Information About Enhancement: Brooks

Brooks was charged in a two-count indictment with being a felon in possession of ammunition and a firearm. A superseding indictment was filed which charged him with one count of witness tampering. Brooks proceeded to trial and was found guilty on the possession of ammunition and witness tampering charges but acquitted of the firearm count. […]

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April 24, 2023
Federal Criminal Legislative Tracker for 2023-2024 Congressional Term

Senate Judiciary leaders have reintroduced Criminal Justice Reform Bills into the Senate Judiciary Committee. These bills were previously introduced into the Senate where they went nowhere. It is unclear what will happen to these bills here, as the makeup of the Senate is almost the same as it was last year and the House of […]

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March 24, 2023
Fourth Circuit Vacates Sentence Despite Anders Brief

United States v. Carter, No. 21-4689 (4th Cir. 2023) Carter pled guilty to bank fraud and aggravated identity theft pursuant to a plea agreement. The district court sentenced carter to 87 months imprisonment and five years of supervised release. On appeal. Carter’s counsel filed a brief pursuant to Anders v. California, stating that there were […]

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March 24, 2023
First Circuit Holds District Court Failed to Articulate Plausible Rationale for Imposing Upward Variance

United States v. Flores-Nater, No. 21-1856, 21-1979 (1st Cir. 2023) Flores-Nater was charged with kidnapping resulting in death, use of a firearm in furtherance of a crime of violence, and use of a firearm in furtherance of a crime of violence causing murder. He pled pursuant to a plea agreement to the one count of […]

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March 24, 2023
Florida District Court Holds Robbery Jury Instructions too Vague, Vacates 924(c) convictions

United States v. Louis, No. 21-CR-20252 (S.D. Fla.) A district court in the Southern District of Florida granted a Louis’ motion to dismiss six 18 U.S.C. 924(c) counts based on the argument that the Eleventh Circuit’s Pattern Jury Instructions on Hobbs Act robbery is overbroad. Eleventh Circuit Jury Instruction 70.3 instructs the jury that a […]

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March 17, 2023
Law Office of Jeremy Gordon Secures Time Served Order Following Successful 2255 Motion: Wright

United States v. Wright, No. 4:12-cr-197 (N.D. Okla.) In 2013, Wright pled guilty to conspiracy to commit Hobbs Act robbery, in violation of 18 U.S.C. 1951; attempted Hobbs Act robbery, in violation of 18 U.S.C. 1951 and 2; possession of a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. 924(c); […]

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