U. S. Supreme Court Happenings, Favorable Federal Circuit Opinions for the Week of August 22-26, 2022--

Supreme Court Happenings for the Week ending August 26, 2022 –

The Justices are in summer recess. The new term will start in October 3, 2022 with oral arguments, and their first conference on October 7, 2022.

Favorable Federal Circuit Opinions for the Week of August 22-26, 2022 –

9th Circuit

United States v. Ramirez-Ramirez, (No. 2110127)(9th Cir. August 22, 2022)– The panel vacated a judgment of conviction, following a bench trial, for possession of marijuana with intent to distribute and conspiracy to do the same and remanded for specific findings of fact. The panel held that the district court plainly erred by making only a written finding of guilt after trial, in violation of the defendant’s Sixth Amendment right to a public trial. The panel concluded that, although the usual remedy would be a remand to announce the finding in open court, the district court had already reiterated its finding of guilt publicly during the defendant’s sentencing, rendering such a remedy superfluous. The panel further held that, because the finding of guilt was legally insufficient, the district court erred in denying as untimely the defendant’s motion for specific findings of fact. Instead, the panel vacated the defendant’s sentence and remanded for the district court to make specific findings of fact.

Another Encouraging Report on Those Released under Federal Cares Act –

NPR has this notable new piece with good news reporting on persons released from federal prison during the pandemic under the CARES Act. Here are a couple of excerpts:

More than 11,000 people [under the bipartisan pandemic legislation called the CARES Act] have been released from federal prison in the last couple of years, to ride out the pandemic at home, often with their families and loved ones.

Less than 0.2% of the people released committed new crimes while they were out. This week, the Bureau of Prisons told NPR that 442 people who were released during the pandemic have now returned to prison. Only 17 people out of more than 11,000 who were released committed new crimes, mostly drug related ones, while they were out.

California about to Enact Broadest Criminal Record Sealing Law in the Nation –

As reported by the Associated Press “California would have what proponents call the nation’s most sweeping law to seal criminal records if Gov. Gavin Newsom signs legislation sent to him Thursday by state legislators." Here are the notable details:

The bill would automatically seal conviction and arrest records for most ex-offenders who are not convicted of another felony for four years after completing their sentences and any parole or probation. Records of arrests that don’t bring convictions also would be sealed. The bill would automatically seal conviction and arrest records for most ex-offenders who are not convicted of another felony for four years after completing their sentences and any parole or probation. Records of arrests that don’t bring convictions also would be sealed.

Proponents say about 8 million Californians have a criminal or arrest record, or about one of every five state residents. A criminal record can trigger nearly 5,000 legal restrictions in California, many of which can limit job opportunities as well as the ability to get housing and educational opportunities, supporters said. They estimate that 70 million people nationwide face nearly 50,000 legal restrictions based on a criminal or arrest record....

While the bill would not apply to serious or violent felonies, California has a narrow legal definition of violent crimes, including about two dozen of the most serious crimes like murder, voluntary manslaughter, attempted murder, kidnapping, assaults, arson, robbery and extortion. The bill would apply to offenses like domestic violence, said Republican Sen. Shannon Grove, who joined all Republicans in the Senate and one Democrat — Sen. Melissa Hurtado of Sanger — in voting against the bill Thursday. “These things are very violent things even though they are not listed as serious and violent in the penal code,” Grove said.

Democratic state Sen. Maria Elena Durazo, the bill’s author, said in a statement that the lingering criminal records available through background checks create “a permanent underclass.” That can include, among others, “mothers that want to pursue new careers through education, fathers who want to coach, homeowners that want to join their HOA board, couples who may want to adopt, or grandchildren that want to care for their elderly grandparent.”

Seven reform organizations sponsored the bill, including Californians for Safety and Justice, which has pushed for numerous criminal justice like Proposition 47, the voter-approved ballot measure that reduced penalties for certain drug and property crimes in 2014. Groups that opposed the bill include the 75,000-member Peace Officers Research Association of California, which argued California already offers more limited ways for lower level ex-felons to clear their records....

Aside from general criminal records, the bill would aid would-be teachers, who under current law must be denied teaching credentials if they have been convicted of a controlled substance offense. The bill would bar the teacher credentialing commission from considering drug possession convictions that are more than five years old and have been expunged. But the commission and school officials would still have access to other convictions dating to 2020.

The bill failed in the Assembly a year ago, with an amended version clearing the chamber in June. Among other things, supporters originally wanted records sealed after two years instead of four. The Senate approved the amendments Thursday on an 28-10 vote, sending it to Newsom.

Latest Bureau of Prison’s Statistics (From BOP Website):

Fair Sentencing/Retroactive Sentence Reductions 3,929 Orders Granted to date.
Elderly Offender Home Confinement 1,191 Approved to date.
Compassionate Releases/Reduction in Sentences 4,269 granted to date.

COMMENT:

Anyone who believes they may have a Taylor, Concepcion, Ruan, Bruen, Earned Time Credit problems or any other claim you believe you may have relief coming for or just want to see if we can find something should opt for a written case review.

One of the weakest weeks for favorable cases in the federal circuit courts in the last five years. There were 5 new compassionate release motions granted this week. There are also several Fair Sentencing Act motions for reduction of sentence motions being granted weekly. Anyone who thinks that they may qualify for compassionate release or any other part of the First Step Act should request a Written Case Evaluation. There are still a number of contexts besides Covid available for compassionate release. For the last 27 years, we have also been very successful on direct appeals, 2255 motions and 2241 Petitions, First Step Act, Compassionate Release Motions, DC Superior Court, State Post Conviction, Clemencies, Parole Packages. We also can help you with Earned Time Credits and other specialized motions.

If you are serious about fighting your case and want us to evaluate your case to see if you may have relief coming, request a Written Case Evaluation.