Gordon Defense Blog
A Blog by Jeremy Gordon
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Bureau of Prisons Evidence-based Recidivism Reduction Programs (EBRR) and Productive Activities (PA)
As part of the First Step Act (FSA) implementation, the Bureau of Prisons (BOP) is required to perform assessments on BOP inmates using the Department
As part of the First Step Act (FSA) implementation, the Department of Justice (DOJ) and the Bureau of Prisons (BOP) system is required to perform
In United States vs. Hardwick, the Third Circuit remanded the denial of a FIRST STEP Act reduction to the district court.
In United States vs. Chew, the Ninth Circuit remanded a Fraud Sentence to the District Court for an improper sentencing enhancement.
In United States vs. Maumau, 08-cr-00758, the District of Utah granted 3582 “Compassionate Release” Relief for a person who was imprisoned under an excessively long “Old Law” Pre-First Step Act 924(c) sentence.
As you all know, every week I send out cases of interest from across the country. This week, I am proud to present three recent cases where my clients had favorable outcomes.
All, we’ve been monitoring several cases that deal with the ability to receive relief under the Reduction in Sentence provisions in 18 U.S.C. § 3582, the “Compassionate Release” statute. United States of America vs. Bucci, 04-10194-WGY, decided September 16, 2019, is another example of how the inmate population can use that statute to their advantage.
While the criminal justice reform law known as the First Step Act, has a number of changes to benefit inmates, getting those changes enacted is different.
Having experienced the Act in action for the last year, we will take this anniversary as an opportunity to discuss how well it has been implemented so far.
United States vs Venable Provides Answer Since the passage of the FIRST STEP Act in 2018 there have been hundreds of questions about whether inmates
The FIRST STEP Act’s changes to 3582 potentially open the door for wide latitude for courts to reduce sentences if the court finds that they have the ability to determine if “extraordinary and compelling circumstances” exist to do so. As shown here, this can apply in what could be considered a “normal compassionate release” situation. But there are other situations where it could also apply that might affect your loved one.
In Rigdill, a federal criminal appeal, the 9th Circuit held that a Fourteen-Level Enhancement required clear and convincing evidence from the government.
Clemency and the Current Administration The current President has made some waves during the first three years of his presidency with regard to his use
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