U. S. Supreme Court Happenings and Favorable Federal Circuit Opinions for the Week of March 25-29, 2024--

U. S. Supreme Court Happenings– Week ending March 29, 2024 –

In March 2024, there are no conferences scheduled for the Justices, but there is oral argument on March 18-20 and March 25-27, 2024.

On Wednesday, the Supreme Court heard argument on a notable case about Apprendi rights in Erlinger v. United States, No. 23-370. In Erlinger, the Court is to consider whether the Sixth Amendment requires a jury to find (or a defendant to admit) that prior offenses were “committed on occasions different from one another” to trigger the severe mandatory minimum sentence of the Armed Career Criminal Act. In the end, it seems neither Almendarez-Torres nor Apprendi are in any real jeopardy. A majority of Justices were clearly inclined to adopt the view, argued by both the defense and the government, that Apprendi’s prior-conviction exception is confined to just the fact of a prior conviction so that any offense-related facts beyond the elements of the prior crime must be proven to a jury if those facts increase the applicable sentencing range. Less clear is whether the Court might reach resolve this case unanimously. Justice Alito has never been a big fan of Apprendi rights, and a few other Justices seemed interested in discussing some historical practices of judges finding facts related to recidivism. Just how this case gets written up may prove interesting.

Favorable Federal Circuit Opinions for the Week of March 25-29, 2024 –

9th Circuit

United States v. Jimenez-Chaidez, (No. 22-50069)(9th Cir. March 25, 2024)– The jury found Jimenez guilty of importing cocaine and methamphetamine, At sentencing, Jimenez argued that he qualified for a minor-role reduction under U.S.S.G. § 3B1.2. The district court considered the five factors listed in the Guidelines and declined to grant Jimenez the requested reduction. The district court sentenced Jimenez to 86 months’ imprisonment with five years of supervised release. Jimenez timely appealed. After the district court sentenced Jimenez, the Ninth Circuit clarified the process for conducting the “mitigating role” inquiry under U.S.S.G. § 3B1.2. “The relevant comparison is to the other participants in the defendant’s crime, not to typical defendants who commit similar crimes. The Court outlined a three-step analysis for weighing relative culpability. Because the district court did not have the benefit of recent decisions on this issue, the Court vacated Jimenez’s sentence and remanded for resentencing in line with our recent authority.

OTHER NEWS

HOUSE MEMBERS CALL FOR MARIJUANA CLEMENCY
On March 13, 2024, thirty-six House members urged President Biden to grant clemency to federal inmates for nonviolent marijuana offenses. Recently, at a White House roundtable on marijuana, Vice President Kamala Harris called for rescheduling marijuana, which should be completed by the DEA this year. Marijuana is currently classified as a Schedule I drug, in the same category as heroin. The White House is seeking to change that to Schedule III alongside testosterone and ketamine. The White House event is the latest sign that the Biden administration plans to tout its efforts to overhaul federal marijuana policies ahead of the presidential election. Biden also cited his moves to pardon federal marijuana offenders and loosen federal weed restrictions during the State of the Union address. A whopping 70 percent of Americans back marijuana legalization, and that position is particularly popular with young voters, a crucial demographic that Biden is struggling to maintain support from. In fact, 60 percent of Republicans back marijuana legalization.

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

Fair Sentencing/Retroactive Sentence Reductions 4,138 Orders Granted to date.
Elderly Offender Home Confinement 1,247. Approved to date.
First Step Act Releases 31,062 granted to date.
Compassionate Releases/Reduction in Sentences 4,700 granted to date.
Population in RRC’s 8,238.
Population in Home Confinement 5,046.

COMMENT:

Because of the Easter Holiday week, it was another slow week for favorable cases. We are still receiving a great amount of people wanting to find out if they qualify for any of the new USSG Amendments such 814 and 821. We suggest that you opt for a Written Case Evaluation (“WCE”) as soon as possible to make that determination. Amendment 821 became effective on February 1, 2024, and we are already seeing a flood of these so-called motions being filed. We have seen the Form Fill-in motions, which do not do the job the way it should be done. As such, all of the Fill-in motions we have seen have been denied. There is a lot more to it than filling out a form. The motion must be personalized. A WCE will also tell you if Alert2020 believes you have any other relief available.

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.