Gordon Defense Blog
A Blog by Jeremy Gordon
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We’ve covered the right to allocute before here on this newsletter but it keeps coming up in different ways.
In United States vs. Nolan, the Second Circuit found that a lawyer had been ineffective for failing to object to an eyewitness ID and a photograph.
In Ladson, the Eastern District of Pennslyvania granted a compassinoate release for a person seeking COVID relief. Learn more here.
In Head, the Eastern District of California granted a COVID-19 compassionate release.
In United States vs. Michael Scripps, No. 18-2663, the Third Circuit held that a 2255 required an evidentiary hearing when there was no justification on the record as to why Appellate Counsel did not make arguments about the lack of allocution.
In Gary, the Fourth Circuit broke with the other circuits that have ruled on whether a person could be found guilty of federal felon in possession of firearm charges without being the additional offense element of whether “he knew he had the relevant status when he possessed [the firearm].”
In United States vs. Alam, the 6th Circuit upheld a dismissal of a compassionate release case for failure to wait 30 days.
All, the Fourth Circuit made an important decision regarding sentencing in Chambers. This will be important to those of you who are still engaged in post-conviction sentencing litigation.
In United States vs. Fischman, 4:16-cr-00246-HSG, the Northern District of California determined a way that an inmate can receive 3582 relief even when they are COVID-19 positive
In United States vs. Holloway, the Second Circuit made an important determination for eligibility under the First Step Act’s Retroactive Application of the Fair Sentencing Act of 2018
In US v. Huntley, the District of Columbia granted 3582 Compassionate Release relief to a COVID-19 Positive Inmate.
Gravatt allows a person’s claim to go forward when their conspiracy includes a “covered offense” under the Fair Sentencing Act as well as an offense that was not covered by the FIRST STEP Act.
The Court’s Ruling in United States vs. Kelly is important for a couple of reasons, including that Kelly had no CDC risk factors and was seeking to bypass his administrative remedies.
In United States vs. Eason, the Eleventh Circuit Determined that Hobbs Act Robbery was not a sufficient Career Offender Predicate. Read more.
On April 22, 2020, the Acting Assistant Director of the Correctional Programs Division and the Assistant Director of the Reentry Services Division for the BOP released a memorandum in regard to placing inmates on home confinement due to the COVID-19 pandemic. This memorandum introduced some new guidelines to the previously existing order.
Last week I shared three cases where courts quickly granted relief on 3582 cases for individuals in light of COVID-19. The three cases that I
The Federal Defenders website has several examples of cases where an inmate was able to show what was necessary to receive a reduction in sentence under 18 USC 3582(c)(1)(A).