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Given that some courts have begun to apply the Davis decision retroactively, this article will answer some basic questions about the application of the recent Court decision.
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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.
https://www.gordondefense.com/wp-content/uploads/2019/07/635730974991754531-inmates.jpg 800 1600 Jeremy Gordon https://www.gordondefense.com/wp-content/uploads/2019/04/Gordon-Defense-Logo-Large-1030x587.png Jeremy Gordon2019-11-30 10:58:512019-12-02 14:56:37The FIRST STEP ACT, Section 3582 and Supervised Release: United States vs. Venable
Since the passage of the FIRST STEP Act in 2018 there have been hundreds of questions about whether inmates serving a term of Supervised Release would be able to seek relief as part of the retroactive application of the Fair Sentencing Act.…
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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.
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In Rigdill, a federal criminal appeal, the 9th Circuit held that a Fourteen-Level Enhancement required clear and convincing evidence from the government.
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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 of the clemency power. The August 2017 pardon of former Maricopa County Sheriff Joe Arpaio,…