ALERT UPDATE 2020 – WEEKLY REPORT U.S. Supreme Court and Circuit Court Wins
Edition: Week of June 23-27, 2025
SUPREME COURT WATCH
Hewitt v. United States, No. 23-1002 | decided June 26, 2025 | 5-4 –
When a pre-First Step Act § 924(c) sentence is vacated and the defendant must be resentenced after the Act’s 2018 enactment, the resentencing occurs “before a sentence has been imposed”
under § 403(b). The judge must therefore apply the Act’s lower, non-stacked mandatory minimums.
Gutierrez v. Saenz, No. 23-7809 | decided June 26, 2025 | 6-3 –
A Texas prisoner seeking DNA testing has standing to sue under § 1983 to challenge the State’s testing procedures because a declaratory judgment would remove the prosecutor’s stated ground
for refusing testing. The Fifth Circuit’s contrary decision is reversed, consistent with Reed v. Goertz (2023).
Esteras v. United States, No. 23-7483 | decided June 20, 2025 | 7-2 –
In revoking supervised release, a court may consider only the sentencing factors enumerated in 18 U.S.C. § 3583(e). Because Congress excluded § 3553(a)(2)(A)—“seriousness of the offense,
respect for the law, just punishment”—courts cannot rely on that factor when deciding whether to re-imprison a defendant. Sixth Circuit judgments are vacated.
United States v. Maldonado-Negroni, No. 23-1768 (1st Cir. June 24, 2025)– The district court wrongly categorized Xavier Maldonado-Negroni’s supervised-release violations as the most serious, leading to a statutory-maximum sentence. The First Circuit held the court’s brief remark that it would have imposed the same sentence regardless was insufficient to prove harmless error. The sentence was vacated and the case remanded for resentencing.
United States v. Guldi, No. 23-6909-cr (2nd Cir. June 27, 2025)– George Guldi was convicted of fraud for scheming to obtain $253,236 with an accomplice. The district court erred in applying a sentencing enhancement for "sophisticated means." The Second Circuit found the error was not harmless and vacated the sentence, remanding for resentencing.
United States v. Tavarez, No. 23-3666 (6th Cir. June 24, 2025)--The district court summarily denied Edwin Tavarez’s motion for early termination of supervised release using a checkbox form without explanation. The Sixth Circuit vacated the order and remanded for further proceedings.
United States v. Santana, No. 23-2695 (7th Cir. June 24, 2025)--Evelio Santana’s sentence was enhanced under the Armed Career Criminal Act based on a judge’s finding—by a preponderance of evidence—that his prior convictions occurred on separate occasions. After *Erlinger* required a jury to make that finding beyond a reasonable doubt, the Seventh Circuit found plain error, vacated the sentence, and remanded for resentencing.
OTHER NEWSBureau of Prisons Orders Full Implementation of First Step and Second Chance Acts
Bureau of Prisons Orders Full Implementation of First Step and Second Chance Acts
WASHINGTON, DC– The Bureau of Prisons (BOP) has issued a directive to fully implement the First Step Act (2018) and Second Chance Act (2008), aiming to restore integrity, reduce costs, and
enhance reentry outcomes within the federal prison system.
“This marks a new era where these landmark reforms will be fully realized,” said BOP Director William K. Marshall III. “Our new policy removes barriers to home confinement for eligible
individuals, honoring the intent of Congress and supporting smoother transitions back into society.”
Key benefits of the directive include:
■ Saving millions in unnecessary incarceration costs
■ Reducing overcrowding and staff burdens
■ Easing hardships on inmates and families with stable housing and support
Notable policy updates:
Stackable Credits -- Earned Time Credits (FSA) and eligibility under the Second Chance Act (SCA) can now be combined, allowing more meaningful home confinement;
Timely Referrals -- Release planning will be based on projected credit accruals, not bureaucratic delays;
Focus on Reintegration -- Placement decisions will prioritize housing stability and readiness—not prior employment; and
No RRC Limits -- Lack of Residential Reentry Center (RRC) beds will not block home confinement if criteria are met.
This is a decisive break from years of delay,” Marshall added. “By responsibly expanding release opportunities, we save taxpayer dollars, reduce overcrowding, support families, and promote
safer communities.”
Recent Executive Orders and circuit rulings have reopened the door for:
- § 922(g) firearm convictions (non-violent, non-drug priors); and
- Compassionate release motions based on non-retroactive § 403(a) stacking reforms.
Recent wins in the 3rd, 6th, 8th, 9th, and 10th Circuits show courts are rethinking prior convictions and excessive sentencing on § 922(g) convictions.
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