U. S. Supreme Court Happenings, Favorable Federal Circuit Opinions and President Biden Commutes Sentences of Covid Home Confinement and Grants 39 Pardons for the Week of December 9-13, 2024--
U. S. Supreme Court Happenings– Week Ending December 13, 2024 –
The Justices met for their December 13, 2024 conference today. We expect orders on Monday.
The Supreme Court heard oral argument this week in Kousisis v. United States, which presented this question to the Justices as articulated in the petitioner's brief: “Whether a scheme to
induce a transaction in property through deception, but which contemplates no harm to any property interest, constitutes a scheme to defraud under the federal wire fraud statute, 18 U.S.C. §
1343.” The Washington Post account suggests Kousisis could become another case in which Supreme Court reigns in federal fraud prosecutions. Time will tell when the opinion comes out next
year.
DC Circuit
United States v. Burwell, et. al., (No. 16-3009)(DC Circuit, December 9, 2024)– For nearly twenty years, Bryan Burwell (“Burwell”) and Aaron Perkins (“Perkins”) have served prison sentences for their involvement in a series of bank robberies. Much of that time has been for firearms-related convictions that they now argue are erroneous. The Court agreed. Congress mandates that people convicted of using a firearm during and in relation to a crime of violence be sentenced to a minimum period of incarceration. See 18 U.S.C. § 924(c). Sometimes for decades. But “crime of violence” is a term of art. It encompasses only offenses that, categorically speaking, involve the use or threatened use of force. Put differently, if the least culpable conduct that could sustain a conviction for a given crime does not necessarily require the use or threat of force, that offense is not a crime of violence and § 924(c)’s firearm sentencing enhancement cannot apply. That’s true even when a judge sentences an individual convicted of using force or violence in the commission of that crime in a particular case.
This appeal concerns whether federal bank robbery, 18 U.S.C. § 2113(a), is a crime of violence under § 924(c). The statute criminalizes bank robbery completed “by force and violence, or by intimidation,” or “by extortion.” Id. The Court’s precedent holds that when done by force and violence, or by intimidation, bank robbery satisfies § 924(c)’s requirements. See United States v. Carr, 946 F.3d 598, 599 (D.C. Cir. 2020). Yet, all parties here agree that when done by extortion, bank robbery no longer is a crime of violence, because extortion need not involve the use or threat of force. Thus, the answer to the question turns on another: whether, in writing § 2113(a), Congress created two separate criminal offenses, one violent (done by force and violence, or by intimidation) and the other not (done by extortion). If so, the statute is divisible, and Burwell’s and Perkins’s sentences must stand. If not, the statute is indivisible and merely sets forth three alternative means—force and violence, intimidation, and extortion—of completing the same crime.
In this case, the Court held that 18 U.S.C. § 2113(a) is indivisible as to extortion. Force and violence, intimidation, and extortion are three ways a person might rob a bank. The text and structure of the statute indicate that extortion is a factual means of bank robbery, rather than an element of an entirely separate offense. That conclusion is reinforced by the statutory history and common law roots of robbery and extortion. As an indivisible offense, bank robbery is not a § 924(c) crime of violence, and Burwell’s and Perkins’s convictions under that provision are unlawful. Therefore, the Court vacated Burwell’s and Perkins’s § 924(c) convictions, and because both have served their entire sentences on their remaining counts of conviction, the Court remanded the case to the District Court with instructions to determine expeditiously whether to release them immediately.
OTHER NEWSPresident Biden Commutes Sentences of Covid Home Confinement and Grants 39 Pardons
Yesterday, President Biden granted clemency for nearly 1,500 people, the biggest single-day act of clemency in modern history. The nearly 1,500 people included those who were serving long
prison sentences – many of whom would receive lower sentences if charged under today’s laws, policies, and practices, who were placed on home confinement under the CARES Act during the COVID
pandemic, but have successfully reintegrated into their families and communities and have shown that they deserve a second chance. The 39 people being pardoned were convicted of non-violent
crimes, and considered to have demonstrated records of meaningfully giving back to the country. They are individuals who have secured employment, advanced their education, served as
caretakers for their children and family members, and have really reintegrated into the tapestry of their communities. They include individuals who faced incredible challenges in life and
have really now shown resilience and seeking to overcome those challenges. A full list of names of the clemency recipients has not been released yet, but sources provided several examples of
individuals being pardoned. Among them: A decorated military veteran described as having devoted much of his time helping members of his community including the sick and elderly; a nurse who
is said to have helped during natural disasters and was at the forefront of vaccination efforts during the Covid-19 pandemic; as well as an addiction counselor recognized for his dedication
to mentoring young men of color.
This week there was only one favorable federal circuit case. However, we think that the Burwell case above will have a huge impact on persons with similar charges. The contention of Burwell has long been our contention on those charges for years and we have argued them in the past. This is the first time that a federal Circuit Court has finally seen the light. It is also important to note that the DC Circuit is probably the most respected federal circuit court in the system and the only common law court other than the U. S. Supreme Court.
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.