U. S. Supreme Court Happenings, Favorable Federal Circuit Opinions and President Biden Commutes Sentences of "Nearly 2,500 People Convicted of Non-violent Drug Offenses for the Week of January 13-17, 2025--

U. S. Supreme Court Happenings– Week Ending January 17, 2025 –

The Justices met for their January 17, 2025 conference today. The Supreme Court on Monday declined to hear a challenge to Maryland’s handgun licensing regime, as well as a pair of cases seeking to hold oil and gas companies responsible for damage caused by climate change. The announcement came as part of a list of orders released from the justices’ private conference on Friday. The Justices granted three cases from that conference on Friday afternoon, but they did not add any additional cases to their docket for the 2024-25 term on Monday.

On Monday, the Supreme Court heard oral argument in Hewitt (et al.) v. United States to consider this formal question: "Whether the First Step Act’s sentencing reduction provisions apply to a defendant originally sentenced before the FSA’s enactment when that original sentence is judicially vacated and the defendant is resentenced to a new term of imprisonment after the FSA’s enactment." The Justices struggled with how broadly to read a federal law meant to reduce harsh criminal sentences, with one saying the case was “really close.”

The Supreme Court on Tuesday grappled with the case of Patrick Daley Thompson, a former Chicago alderman and member of Chicago’s most storied political dynasty. Thompson served four months in a federal prison for making false statements to bank regulators about loans he took out and did not repay. He contends that the federal law under which he was convicted does not apply to statements -- like his -- that are misleading but not false. But after just over 75 minutes of oral arguments, it wasn’t clear whether the justices would actually decide that legal question, or whether a majority of the justices believed that a ruling on that question would even help Thompson.

In our opinion, Thompson v. United States has the potential to be a major white-collar criminal case because it could narrow (or expand) how federal criminal law defines a "false statement."

Favorable Federal Circuit Opinions for the Week of January 13-17, 2025 –

For the first time in more than 15 years, this is the first time there is not at least one favorable case. Hopefully, next week will be better.

OTHER NEWS

President Biden Commutes Sentences of "Nearly 2,500 People Convicted of Non-violent Drug Offenses–
After a notably modest use of his clemency powers prior to the latest election, Prez Biden is on a historic clemency tear over the last eight weeks. Today's action are set forth in this "Statement from President Joe Biden on Additional Clemency Actions":
Today, I am commuting the sentences of nearly 2,500 people convicted of non-violent drug offenses who are serving disproportionately long sentences compared to the sentences they would receive today under current law, policy, and practice. With this action, I have now issued more individual pardons and commutations than any president in U.S. history.

Today’s clemency action provides relief for individuals who received lengthy sentences based on discredited distinctions between crack and powder cocaine, as well as outdated sentencing enhancements for drug crimes. As Congress recognized through the Fair Sentencing Act and the First Step Act, it is time that we equalize these sentencing disparities. This action is an important step toward righting historic wrongs, correcting sentencing disparities, and providing deserving individuals the opportunity to return to their families and communities after spending far too much time behind bars. I am proud of my record on clemency and will continue to review additional commutations and pardons.

We do not yet have a list of these notable commutations, but in terms of numbers and the impacts on prisoners and their families, this latest clemency action appears to be the most consequential by President Biden to date. And it sound like there might be more coming (though we are inclined to guess any final pardons will most likely be so-called pre-emptive ones).

United States Attorney General Nominee Pam Bondi Talked up First Step Act and Criminal Justice Reform in Her Senate Confirmation Hearing on Wednesday –
It appears that Bondi will be confirmed. We were intrigued to see that her short opening statement to the Committee included these two paragraphs on criminal justice reform issues:
Making America safe again also requires reducing recidivism. We must fix the Bureau of Prisons and follow through on the promise of the First Step Act by building new halfway houses. The Bureau has suffered from years of mismanagement, lack of funding, and low morale. Federal corrections officers serve in challenging conditions on minimal pay and need more support. Our prison system can and will do better.

President Trump’s leadership on criminal justice reform demonstrates what is possible when a President is unafraid to do things that have been deemed “too difficult” and to reach across the aisle to bring about real solutions. Like the President, I believe we are on the “cusp of a New Golden age” where the Department of Justice can and will do better.

Effective BOP reform and "follow[ing] through on the promise of the First Step Act" is a very big job. But it is hearting to hear the likley next Attorney General pledge that our "prison system can and will do better." More generally, Bondi's praise for both the First Step Act and "President Trump’s leadership on criminal justice reform" makes us hopeful that the incoming administration may be not just open to, but also supportive of, further reforms that build and improve on the criminal justice work done during the first Trump Administration.

COMMENT:

In light of the recent En Banc Third Circuit decisions in Daniels and Range, we suggest that anyone with a non-violent non-drug conviction where they were charged under § 922(g) should opt for the quick lookup we are offering during January of 2025. 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.

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.

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.