U. S. Supreme Court Happenings, Favorable Federal Circuit Opinions and the U. S. Sentencing Commission Votes on First Set of "Proposed Amendments to the Sentencing Guidelines”- for the Week of December 16-20, 2024--
U. S. Supreme Court Happenings– Week Ending December 20, 2024 –
There was not a conference this week for the Justices because they are out for Christmas recess. There were also not any new cases granted by the Court this week.
Favorable Federal Circuit Opinions for the Week of December 16-20, 2024 –1st Circuit
United States v. Goncalves, (No. 23-1037)(1st Cir. December 17, 2024)– Defendant-Appellant Djuna Goncalves ("Goncalves") was indicted for, and pleaded guilty to, eight counts of drug and firearm-related charges, reserving his right to appeal a sentence greater than 180 months' imprisonment. Goncalves was sentenced to 230 months' imprisonment followed by five years of supervised release. He timely appealed his sentence, arguing that the district court should not have applied a two-level enhancement for his role as an organizer, leader, supervisor, or manager pursuant to U.S.S.G. § 3B1.1(c). This Court’s precedent provides that even a single instance of directing another person to perform a task for the criminal enterprise may be enough to support the imposition of the managerial or supervisory enhancement. Here, during the October 2018 Burger King deal, "not only advised Antunes when to meet with the customer but, when that customer did not arrive at the pre-arranged location in a timely fashion, he instructed Antunes, from the safety of the delivering vehicle, as to what Antunes should do." This finding shows that Goncalves did indeed instruct Antunes to do something, i.e., texting what Antunes should do since the customer had not arrived. However, the record fails to show by a preponderance of the evidence that Antunes obeyed Goncalves's directives. As stated earlier, it is not sufficient to only point to the order given. The Court vacated the imposition of the enhancement and remanded for resentencing without the same.
OTHER NEWSReduction Granted on Two Bases to Remedy Extreme Stash-House Sting Sentence–
United States v. Evans, (No. 93-00123-CR) (SD Fla. Dec. 10, 2024)--The case involves a defendant who was initially sentenced three decades ago to 57 years in federal prison in a so-called
"stash house sting" case. The 33-page ruling in the Evans case should be read in full, as it covers lots of notable factual and legal ground. The ruling defies easy summarization, and I will
here just reprint the start of the opinion and some later notable passages:
Sherlon Evans has served over thirty-one years of a nearly fifty-year sentence, totaling 595 months. Mr. Evans has now moved for a reduction in his sentence pursuant to 18 U.S.C. §
3582(c)(1)(A), claiming that “extraordinary and compelling” reasons warrant review....
Mr. Evans cites two “extraordinary and compelling” bases recognized by the recent policy statement issued by the U.S. Sentencing Commission (the “Commission”) as potentially justifying a
reduction in sentence. First, Mr. Evans contends that he is serving an “unusually long sentence” that is subject to a substantive change in law, which would produce a “gross disparity”
between the sentence he is currently serving and the sentence that would likely be imposed today. USSG § 1B1.13(b)(6). Second, Mr. Evans points to the “unique aspects of [his] case” under
the “catch-all” provision of § 1B1.13(b)(5), which permits a reviewing court to consider “any other circumstance[s]” that are “similar in gravity” to the other extraordinary and compelling
reasons recognized by the Commission.
[A]t least forty-three defendants who were convicted through reverse stash house stings have since had their sentences reduced to an average of just three years following protracted
litigation against the ATF for alleged racial discrimination in its implementation of reverse stings. [And] the circumstances of Mr. Evans’s sentence are even more striking in light of the
fact that he played a relatively minor role in the conspiracy orchestrated by the ATF and Henry. That is, Mr. Evans was arrested because he was present when Henry planned and executed the
“robbery.” I use the term “present,” as “the case against Mr. Evans was one that rose and fell on presence, and nothing more than presence. Presence [at] one meeting in which he may or may
not have had very little to say, and presence along with everybody else at the scene of the offense at the time the arrests were made.” Mr. Evans was not the ringleader or mastermind, did
not supply weapons or recruit the other co-defendants into the scheme. He was not even present when the conspiracy was hatched. He was a tagalong, a hired hand to assist in the criminal
deeds of others. Yet, Mr. Evans was sentenced with nearly the same degree of severity as those who were arguably more culpable in the commission of the crime....
To be sure, § 1B1.13(b)(5) may not be a vehicle to question the wisdom of the Government’s policing and prosecutorial practices. It is a vehicle, however, to question the wisdom of
continuing to incarcerate this particular man for another decade or more. Sherlon Evans has served thirty-one years in federal prison for his presence in a conspiracy that he did not plan or
lead, attempting to rob drugs that never existed, and carrying a “machine gun” that wasn’t a machine gun, which he never bought, held, brandished, or used. If his original sentence is left
unaltered, Mr. Evans will be well into his seventies when he leaves prison — without having been convicted of actually selling one gram of cocaine or hurting any other person.
U. S. Sentencing Commission Votes on First Set of "Proposed Amendments to the Sentencing Guidelines”–
Yesterday, the bipartisan United States Sentencing Commission voted unanimously to publish proposed amendments to the federal sentencing guidelines for the amendment cycle ending May 1, 2025
(watch the meeting). These proposals stem from public input the Commission has received in recent years, including more than 1,200 pages of comments on what work the agency should prioritize
this amendment cycle. Among today’s proposals are those that would:
■ create an alternative to the “categorical approach” used in the career offender guideline to determine whether a conviction qualifies a defendant for enhanced penalties;
■ simplify the “three-step” approach that courts currently use when applying the guidelines;
■ address the guidelines’ treatment of devices designed to convert firearms into fully automatic weapons;
■ add a mens rea requirement to the sentencing enhancement for use of stolen firearms; and
■ resolve certain circuit conflicts regarding guideline application.
The Commission is seeking comment on these proposals through February 3, 2025 with a reply period closing on February 18, 2025.
The sting case above is an important case. Anyone involved in such a sting should opt for a Written Case Evaluation (“WCE”) to see if we can help you gain relief.
Per our prediction, President Biden is commuting the sentences of roughly 1,500 people who were released from prison and placed on home confinement during the coronavirus pandemic and is pardoning 39 Americans convicted of nonviolent crimes. It's the largest single-day act of clemency in modern history. The WhiteHouse also stated that while today’s announcement marks important progress, there is more to come. President Biden will continue to review clemency petitions and deliver criminal justice reform in a manner that advances equity and justice, promotes public safety, supports rehabilitation and reentry, and provides meaningful second chances. As we stated, it will be part of his legacy. As such, we believe that he will be commuting many more sentences of people with non-violent offenses before his term ends. Don’t miss out on this opportunity.
We also suggest that January 6th defendants file their clemencies materials to President-Elect Trump and his team well before he takes office on January 20, 2025. In order to help anyone who is interested in filing the new clemency papers and clemency package, Alert2020 is offering a special in order to get them completed ASAP before Biden leaves office and Trump takes office. Our clemency evaluation telephone number for the above is (832) 346-0220.
We have received a lot of inquiries about 18 U.S.C. §§ 922(g) & 924(c) convictions based on the recent Rahimi decision and circuit decisions such as Range and Williams based on last year’s Bruen Supreme Court decision. We are still evaluating cases for the new Amendments and/or the firearm convictions. However, contrary to inmate rumor at inmate.com, there are no changes to § 924(c) convictions. However, the First, Fourth, Ninth, and Tenth Circuits have determined that district courts may consider § 403(a)’s non- retroactive changes in combination with other factors presented by an incarcerated person. These Circuits effectively allow district courts to consider an incarcerated person’s stacked charges as an extraordinary and compelling reason, so long as they present another factor that may warrant compassionate release. We will need an outside contact’s name and telephone number, where you went to court, and your case number. We will contact your contact and let them know if you have any potential relief available from the above remedies. Our case evaluation telephone number for the above is (832) 346-0220.
For the last 30 years, we have been very successful on direct appeals, 2255 motions, 2241 Petitions, First Step Act and Compassionate Release Motions, Earned Time Credits, DC Superior Court Petitions, State Post Conviction, Clemencies and Pardons and other specialized motions to mention a few avenues for relief we cover. The WCE is an excellent low-cost tool to see what can be done for you at any stage of the proceedings. It is thorough and detailed from day one of your case to present with our recommendations of any remedies available to you to gain relief.
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.
Beginning January 1, 2025, we will start our own paid newsletter subscription service. Inmates who wish to continuously receive weekly ALERT Update are required to pay a $24.99 subscription fee to cover a year's subscription for one (1) inmate/email. This small amount will not only cover our costs, but will allow us to expand our coverage. Should you be interested, your outside contact may call us direct at (832) 346-0220 or you may email us at Alertupdate2020@gmail.com for details.