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Category: Blog

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

October 16, 2019
Critical Power of “Categorical Approach:" Shular and Armed Career Criminal Act

A New Case Before the Supreme Court:  Shular v. United States When legal conversation touches on the 'categorical approach', there is one federal criminal sentencing statute that has garnered more attention from the United States Supreme Court this term than any other. In fact, the ACCA statute is ‘the gift that keeps on giving’ because […]

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October 9, 2019
Critical Info: How Long is the Federal Criminal Appeals Process?

"How Long is the Federal Criminal Appeals Process?" This is a question our office gets all the time, and it would be great if we could give a clear-cut answer; however, the short and sweet truth of the federal criminal appeals process is that it takes as long as it takes. Sometimes it can take […]

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August 26, 2019
Helpful Resource: the BOP's PATTERN Risk and Needs Assessment

The BOP recently released a 102-page book to describe the development and implementation of its new PATTERN risk and needs assessment tool.

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August 20, 2019
Felon Possession of Firearm: Rehaif v. United States

The Supreme Court judgement under Rehaif said that a felon must have knowledge that they are unable to be in possession of a firearm. Why is the Rehaif Case Important? The Rehaif case may be significant because of its consequences.  It is possible that there will now be a flood of litigation from defendants who will […]

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August 14, 2019
Elderly Offender Home Detention Program

The Elderly Offender Home Detention Program is a program by which an “Eligible Elderly Offender” or an “Eligible Terminally Ill Offender” can go home for the rest of their sentence.

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June 6, 2019
Is a Federal Criminal Appeal An Opportunity for a Retrial?

A main misconception is that a federal criminal appeal is an opportunity to re-address or re-open the facts that were presented at trial.

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May 8, 2019
Hope for Sick and Aging Inmates

According to the Bureau of Justice, from 1999 to 2016, the number of inmates in state and federal prisons who were 55 years or older increased 280 percent!

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December 23, 2018
The First Step Act Explained

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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December 20, 2018
BREAKING: FIRST STEP ACT APPROVED BY HOUSE AND SENATE, GOES TO PRESIDENT'S DESK

The piece of legislation known as the FIRST STEP ACT has passed both the House and Senate.

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November 10, 2018
TENTH CIRCUIT OFFERS GUIDANCE ON APPLICATION OF MATHIS TO JOHNSON CLAIM

In United States vs. Lewis, 17-7033, the Tenth Circuit offered guidance on how to apply Mathis to a Johnson Claim

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