U. S. Supreme Court Happenings and Favorable Federal Circuit Opinions for the Week of July 8-12, 2024--

U. S. Supreme Court Happenings– Week ending July 12, 2024 –

The Court is currently in summer recess. The new term will begin in October, 2024.
As previously reported here, after the Rahimi decision, the Solicitor General filed a surprising request with the Supreme Court that it immediately grant review to a swath of felon-in- possession cases in order to settle the issue of whether 18 USC § 922(g)(1) can be constitutionally applied to a variety of situations and disqualified people. We were excited that the Solicitor General filed such a request and that finally we could get this issue which is responsible for about one-fifth of all federal criminal convictions. Unfortunately, On July 2, the Supreme Court cleared its plate of five pending § 922(g)(1) petitions for review by GVR, ordering them back to the lower courts to be reheard in light of Rahimi, which means there will not be another chance to get this issue resolved once and for all for about another two years. What’s that old saying: “The Wheels of Justice Turn Slowly.” But not this slowly.

Favorable Federal Circuit Opinions for the Week of July 8-12, 2024 –

7th Circuit

United States v. Avila, (No. 22-3231)(7th Cir. July 9, 2024)– Chicago police found a loaded handgun underneath Refugio Avila’s shirt during a series of patdowns at a traffic stop. After the district court denied both his motion to suppress and his motion to dismiss the indictment, Avila entered a conditional plea to a felony charge of being a felon in possession of a firearm. 18 U.S.C. § 922(g)(1). Avila reserved his right to challenge the district court’s denial of his suppression motion as well as the motion to dismiss for alleged violations of the Speedy Trial Act, 18 U.S.C. § 3161. The Court found the court erred in denying Avila’s motion to dismiss the indictment. Thus, the Court reversed and remanded the case for further proceedings.

United States v. Watkins, et. al., (Nos. 20-2048, 20-2049, 20-2080, 20-2086, 20-2087, 20-2088, 20-2100, 20-2115, 20-2116, 20-2117, 20-2133, 20-2208, 20-2229)(7th Cir. July 8, 2024)– The Bomb Squad was a street gang that used violence against anyone who threatened its reputation, turf, or drug sales. Fourteen gang members were charged with violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), along with other crimes. One member, Jovan McCree, pleaded guilty. The remaining defendants went to trial and were convicted by a jury; they are Kenwan Crowe, Lloyd Dotson, Mytrez Flora, Keith Gregory, Eugene Haywood, Ezra Johnson, Andre Neal-Ford, Raevaughn Rogers, Lance Washington, Kentrevion Watkins, Torieuanno White, Sherman Williams, and Jahlin Wilson. These defendants sought to vacate their convictions on numerous grounds. Their principal argument is that the district judge ran afoul of Batson v. Kentucky, 476 U.S. 79 (1986), when selecting the jury. The Court ordered a limited remand to permit the district court to make supplemental findings as to the Batson issue. If the district court deems a new trial unnecessary, the parties may file position statements in this court seeking appellate review of the Batson determination. If the district court deems a new trial necessary, it should inform this Court of its conclusion so that we may issue a final resolution and the mandate.

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

Fair Sentencing/Retroactive Sentence Reductions 4,144 Orders Granted to date.
Elderly Offender Home Confinement 1,246. Approved to date.
First Step Act Releases 35,287 granted to date.
Compassionate Releases/Reduction in Sentences 4,732 granted to date.
Population in RRC’s 8,358.
Population in Home Confinement 4,853.

COMMENT:

Due to the hurricane in Houston, it has been a short week without power. The Courts have been very slow also.

We have received 100s of requests wanting to find out if there was a disparity in there case regarding methamphetamine “actual” and “mixture.” Our new FREE LOOK program for ONLY methamphetamine cases ended on July 3, 2024. Any requests dated after that date will not be honored. If you did not give us all of the information required (like outside contact’s name and telephone number or where you went to court), we will not do the lookup and move on. We have found that and many people are qualified. You must be patient because it takes time to retreive and lookup thye information, and inform the prospective person. We are about at least still a week to 10 days behind. This is only for methamphetamine cases and is not the same as a detailed in-depth Written Case Evaluation (“WCE”) for all remedies available. WCE’s take priority and they are completed with dispatch.

For the last 30 years, we have been very successful. We can help 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 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.