Category: Blog

In United States vs. Chappelle, the Second Circuit held that Substantive Hobbs Act Robbery was not a crime of violence for the career offender enhancement. Chappelle's Crime and Sentencing Chappelle was charged in a three-count indictment with conspiracy to distribute narcotics, in violation of 21 U.S.C. 846 and 841, conspiracy to commit Hobbs Act robbery, in […]

We are pleased to report that one of our 3582 "compassionate release" motions were granted for a person who had "stacked 924c" offenses. Hudec's Original Sentence Darrell Hudec was originally sentenced to 480 months in federal prison for several offenses.  His sentence included 300 months for firearms offenses under 924(c).  At the time Hudec was […]

The United States Sentencing Commission has published a study titled "What Do Federal Fireams Offenses Really Look Like." You can find the cover page here and the report here. Sentencing Study Overview (Published July 14, 2022)  This report provides in-depth information on federal firearms offenders sentenced under the primary firearms guideline, §2K2.1. The Commission has published reports […]

The United States Sentencing Commission has published a study titled "Federal Sentencing and Illegal Reentry: The Impact of The 2016 Guideline Amendment." You can find the cover page here and the study here. Sentencing Study Overview (Published July 20, 2022)  In 2016, the United States Sentencing Commission promulgated an amendment that comprehensively revised the guideline covering […]

In Shaw, the Seventh Circuit held that a sentence that was in order to promote rehabilitation was improper. Shaw's Underlying Crime and Supervised Release Troubles Shaw pled guilty to possessing with intent to distribute cocaine base, in violation of 21 U.S.C. 841(a)(1) and (b)(1)(A), and being a felon in possession of a firearm, in violation of […]

The U.S. Sentencing Commission published the latest report from its recent series on recidivism of federal offenders released in 2010.  I believe that this is an important study for those who are seeking compassionate release among other things. About The Bureau of Prisons Drug Abuse Programs Recidivism and Federal Bureau of Prisons Programs: Drug Program Participants […]

The Federal Bureau of Prisons has published a new male PATTERN Risk form. Over the next few days we will break down what that means. What is PATTERN? This is what we indicated PATTERN was in our blog explaining the impact of the FIRST STEP ACT one year after its passage: A significant part of […]

The Attorney General has picked someone to replace embattled former director Michael Carvajal as director of the Bureau of Prisons. BOP:  Attorney General Selects New BOP Director Below is an excerpt from the BOP Website about Peters. (BOP) - Today, Attorney General Merrick Garland announced that he has selected Colette S. Peters to serve as […]

United States v. Morris, No. 18-6926 (4th Cir. 2022) District Refuses Modification of Supervised Release Morris pled guilty to two child pornography offenses and was sentenced to sixty months imprisonment.  This was to be followed by a term of ten years of supervised release.  Four years into his sentence, Morris moved to modify eight conditions […]

Serious drug offense case remanded to be sentenced without the ACCA enhancement. United States v. Jackson, 21-13963 (11th Cir. 2022) Jackson entered a guilty plea to one count of being a felon in possession of a firearm.  This was in violation of 18 U.S.C. 922(g). According to the factual basis in support of his plea, […]