ALERT UPDATE 2020 – WEEKLY REPORT U.S. Supreme Court and Circuit Court Wins
Edition: Week of June 30-July 4, 2025

SUPREME COURT WATCH

Criminal Justice Highlights from U. S. Supreme Court OT24 Term Wrap-Up Order List
The Supreme Court released a substantial 32-page order list yesterday, closing out its October Term 2024 with several developments of note for those following criminal law and procedure.
Among the highlights, the Court issued multiple GVRs (grant, vacate, and remand orders) in light of recent decisions in Hewitt and Esteras, along with a GVR based on Gutierrez that drew a noted dissent from Justice Thomas.
Additionally, the Court granted certiorari in seven new cases, one of which—Rico v. United States—centers on an important sentencing issue: whether the fugitive tolling doctrine applies in the context of supervised release.
The order list also includes a unanimous per curiam decision in Goldey v. Fields, No. 24–809 (June 30, 2024), addressing the availability of Bivens actions for federal prisoners alleging Eighth Amendment violations. In a succinct three-page opinion, the Court held that a Bivens remedy is not available in this context, reaffirming its longstanding reluctance to extend Bivens to new causes of action. The opinion emphasizes Congress's active role in legislating prisoner litigation, the systemic concerns raised by judicially created remedies in the prison context, and the existence of alternative remedial structures—even if they may be less robust than an individual damages remedy.

"For the past 45 years, this Court has consistently declined to extend Bivens to new contexts. [...] We do the same here."

Finally, Justice Sotomayor authored statements respecting the denial of certiorari in two notable cases:
In Wiggins v. United States, joined by Justice Barrett, she noted a persistent circuit split over the definition of a “controlled substance offense” under §4B1.2(b) of the Federal Sentencing Guidelines. The statement urges the Sentencing Commission to clarify its stance, stating:

“If the Commission does not intend to resolve the split, it should provide an explanation so that this Court can decide whether to address the issue and restore uniformity.”

In Black v. Tennessee, Justice Sotomayor penned a more extensive statement highlighting serious constitutional concerns with Tennessee’s current approach to manslaughter jury instructions. She encouraged the Tennessee Supreme Court to address these deficiencies directly.

CIRCUIT COURT VICTORIES: First & Fourth Circuits Deliver Major Wins

United States v. Burgos-Montes, No. 22-1714 (1st Cir. June 30, 2025)– Edison Burgos-Montes, a life-sentenced prisoner in his mid-fifties, sought compassionate release because the Bureau of Prisons (BOP) had failed for nearly a year to treat his obstructive sleep apnea while his severe hypertension persisted. The district court denied relief, finding his care “adequate.” The First Circuit held that this finding ignored undisputed evidence of untreated sleep apnea, vacated the order, and remanded for a new ruling consistent with its opinion.

United States v. Evans, No. 24-1988 (1st Cir. July 1, 2025)– Former Boston Police Captain Richard Evans was convicted of conspiracy and theft of federal program benefits under 18 U.S.C. § 666. The First Circuit vacated both convictions, holding that the government failed to prove § 666(b)’s “benefits” element. The case returns to the district court for further proceedings.

United States v. Craig, No. 22-4230 (4th Cir. June 30, 2025)– Dehaven Craig pleaded guilty to possessing a firearm under 18 U.S.C. § 922(g)(1). The plea agreement stipulated to Craig’s “total relevant conduct,” yet the government later sought—and obtained—Guidelines enhancements based on facts outside that stipulation. The Fourth Circuit ruled that the government breached the plea agreement, vacated the sentence, and ordered resentencing before a different judge.

CAN YOUR CONVICTION OR SENTENCE BE CHALLENGED?

Recent executive actions and appellate decisions have reopened paths to relief for:
- § 922(g) firearm convictions (non-violent, non-drug priors); and
- Compassionate release motions based on non-retroactive § 403(a) stacking reforms.
Victories in the 3rd, 6th, 8th, 9th, and 10th Circuits show courts are reconsidering prior convictions and excessive sentences in § 922(g) cases.

WRITTEN CASE EVALUATIONS (“WCE”)

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- Direct appeals - § 2255 / § 2241 motions
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