U. S. Supreme Court Happenings, Favorable Federal Circuit Opinions and Other News-- for the Week of March 17-21, 2025--

U. S. Supreme Court Happenings– Week Ending March 21, 2025 –

The Justices held their March 21, 2025 conference today. We expect orders on Monday.

Favorable Federal Circuit Opinions for the Week of March 17-21, 2025 –

1st Circuit

United States v. Armenteros-Chervoni, (No. 23-1447)(1st Cir. March 20, 20-25)– In 2023, Jorge Luis Armenteros-Chervoni ("Armenteros"), an attorney in Puerto Rico, was convicted of five offenses in the United States District Court for the District of Puerto Rico. The convictions related to a visit that Armenteros made on a single day to a federal correctional institution in the Commonwealth. Three of the convictions were for violating 18 U.S.C. § 1001(a)(2) by "mak[ing] any materially false, fictitious, or fraudulent statement or representation." The other two were for violating 18 U.S.C. § 1791(a)(1) and (b)(4) by attempting to "provide[] to an inmate of a prison a prohibited object." On appeal, Armenteros contended that the convictions must be vacated either because the indictment setting forth the underlying charges was multiplicitous or for trial error. The Court agreed that two of the three § 1001(a)(2) convictions and one of the two § 1791(a)(1) and (b)(4) convictions must be vacated because the underlying charges were multiplicitous. Armenteros's convictions and corresponding sentences as to Counts Two, Four, and Five are vacated and remanded for resentencing.

2nd Circuit

United States v. Omotayo, (No. 22-1035)(2d. Circuit March 20, 2025)– In Omotayo, the Second Circuit reversed Omotayo’s conviction for aggravated identity theft under 18 U.S.C. § 1028A, finding that it did not meet the standard set by Dubin v. United States, 599 U.S. 110 (2023). Omotayo was convicted of conspiracy to commit wire fraud and money laundering for his role in an international fraud scheme, but the dispute on appeal centered on whether his possession and transfer of an invoice containing another person’s name constituted aggravated identity theft. Applying Dubin, the court held that Omotayo’s use of the invoice was not “at the crux” of the underlying fraud, as required for a § 1028A conviction. Additionally, the jury had been instructed under an erroneous legal standard that predated Dubin. Because the government’s evidence was insufficient to support the aggravated identity theft charge under the correct standard, the court reversed the conviction and remanded for further proceedings.

OTHER NEWS

United States v. Tavberidze, (Case No. 23-cr-585-03), 2025 U.S. Dist. LEXIS 43082 (S.D.N.Y., March 10, 2025)–
Last week, in United States v. Tavberidze, Judge Jeb Rakoff of the Southern District of New York ruled that U.S. Sentencing Guideline § 3E1.1(b) violates the Sixth Amendment by exacerbating the “trial penalty.” This guideline allows defendants who plead guilty early to receive an additional one-point reduction in their offense level, but only at the government’s discretion. While intended to conserve prosecutorial resources, Judge Rakoff found that in practice, the provision pressures defendants into waiving rights unrelated to the timing of their plea, such as surrendering assets or forgoing appeals. More fundamentally, he argued that § 3E1.1(b) unconstitutionally penalizes defendants for exercising their right to a jury trial. The court concluded that this provision effectively increases the sentencing disparity between those who plead guilty and those who go to trial, thereby impermissibly coercing defendants into forgoing their constitutional rights. As a remedy, Judge Rakoff ruled that in all cases where a defendant proceeds to trial, the offense level calculation must be reduced by one point to negate the unconstitutional penalty.

NEW DOJ PROPOSES PROCESS TO RESTORE GUN RIGHTS FOR CONVICTED INDIVIDUALS–
The Justice Department (“DOJ”) has announced plans to establish a process for individuals with criminal convictions to seek restoration of their firearm rights, according to a new interim rule published in the Federal Register on Thursday.
The move follows a February executive order from President Trump, directing a review of gun restrictions to identify potential infringements. Currently, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has the authority to reinstate gun rights but has been barred from doing so by congressional funding restrictions since 1992. Under the DOJ’s proposal, the attorney general would designate this power within the department.
The DOJ stated that the rule provides "an appropriate avenue to restore firearm rights to certain individuals" based on the nature of their past offenses and subsequent law-abiding behavior. However, the rule also emphasizes that "no constitutional right is limitless" and that some individuals will be excluded from restoration if deemed inappropriate.
Gun rights advocates praised the policy, with Gun Owners of America calling it a long-overdue correction of an unconstitutional restriction. “For decades, law-abiding Americans who have had their gun rights unfairly restricted have been left in legal limbo — creating an unconstitutional de facto lifetime gun ban,” said Erich Pratt, the group's senior vice president.
Meanwhile, gun control advocates warn that the measure could make it easier for individuals with violent criminal histories to regain access to firearms.
This development could also impact ongoing Second Amendment litigation, particularly cases challenging broad federal prohibitions on firearm possession for those with felony convictions. It remains to be seen whether federal prosecutors or courts will argue that the possibility of rights restoration undermines claims of unconstitutional restrictions.

SENATE PASSES NEW FENTANYL BILL–
The Senate passed S.331, known as the HALT Fentanyl Act, on Friday, expanding the Controlled Substances Act to classify a broad range of fentanyl analogues as controlled substances.
The bill permanently designates all fentanyl-related substances—modified versions of the drug often trafficked illicitly—as Schedule I drugs, placing them in the Drug Enforcement Administration’s category for the most dangerous substances. Currently, prosecutors must demonstrate that certain fentanyl analogues meet specific chemical and psychoactive criteria before securing convictions under the Controlled Substances Act. By automatically placing all such substances under Schedule I, S.331 removes this requirement, lowering the burden of proof in related criminal cases and increasing the likelihood of convictions. According to the Congressional Budget Office, this measure is expected to result in more prosecutions for fentanyl- related offenses.

COMMENT:

Based on the recent executive order of President Trump, Alert2020 believes that anyone who was convicted of being a felon in possession of a firearm and has a non-drug and non-violent predicate prior conviction should opt to have us look at their case to see if they may be able to challenge their § 922(g) conviction.

In light of the recent En Banc Third Circuit decisions in Range and Daniels, and the recent decisions in Sixth, Eighth and Ninth Circuit, 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 extending this offer through February of 2025. In addition, 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. In order to conduct the lookup, we will need an outside contact’s name and telephone number, where you went to court, and your case number. We will get in touch with 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.