U. S. Supreme Court Happenings, Favorable Federal Circuit Opinions for the Week of November 20-24, 2023 --

U. S. Supreme Court Happenings– Week Ending November 24, 2023 –

The Justices will kick off the December argument session on Nov. 27 with oral argument in a pair of consolidated cases, Brown v. United States and Jackson v. United States, involving the Armed Career Criminal Act. The ACCA extends the minimum sentence – from 10 years to 15 – for an individual who had been convicted of a felony and possesses a firearm when that person has at least three “serious drug offenses.” The question before the justices is how to define “serious drug offense” for purposes of the ACCA. Eugene Jackson and Justin Rashaad Brown argue that the definition should incorporate the federal drug schedules that were in effect either when the individual committed the federal firearm offense (Jackson) or at the time of sentencing for that offense (Brown), while the federal government argues that it should instead incorporate the schedules that were in effect at the time of the state drug offenses.
On Tuesday, the Justices will confront double jeopardy issues in the case of Damian McElrath, a Georgia man who was found not guilty by reason of insanity on one murder charge arising from the stabbing death of his mother, while he was found guilty but mentally ill on a different murder charge (as well as an aggravated assault charge). On appeal, the Georgia Supreme Court threw out both of the jury’s verdicts and sent the case back for a new trial on all charges. It concluded that the verdict was “repugnant”: McElrath’s acquittal on one murder charge required the jury to find that he was insane when he killed his mother, but he could only be convicted on the other charges if the jury found that he was not insane. When the case returned to the lower court, McElrath argued that the Constitution’s ban on double jeopardy barred the state from trying him again on the murder charge on which he had been acquitted. But the Georgia Supreme Court rejected that argument. It explained that a “repugnant” verdict is essentially “void” and therefore does not create a double jeopardy problem.
The justices will then hear the first immigration case of the term. In Wilkinson v. Garland, on Nov. 28, the justices will weigh in on the interaction between these two provisions – that is, whether federal courts have the power to review an agency’s determination that a noncitizen did not meet the “exceptional and extremely unusual” hardship requirement to cancel deportation. The question comes to the court in the case of Situ Wilkinson, who traveled to the United States from his home in Trinidad and Tobago in 2003 and overstayed his tourist visa. Wilkinson argued that deporting him would be an “exceptional and extremely unusual” hardship for his elementary-school-aged son, for whom he serves as the sole provider of support; the child’s mother, his former girlfriend, suffers from depression and does not work. But an immigration judge rejected that argument, and the U.S. Court of Appeals for the 3rd Circuit ruled that it did not have the power to review the immigration judge’s determination. Stay tuned.

Favorable Federal Circuit Opinions for the Week of November 20-24, 2023 –

8th Circuit

United States v. Yellowhorse, (No. 23-2011)(10th Cir. November 21, 2023)– Although hearsay is generally inadmissible, an exception exists for statements that are self-inculpatory. Fed. R. Evid. 802, 804(b)(3). But how do we apply this exception when a statement incriminates not only the declarant but also a third-party? The district court answered this question by treating any references to a third-party’s participation in the crime as outside the exception. In our view, the district court’s approach contradicts our precedent. Because the district court applied the wrong test, the Court reversed the court’s exclusion of any statements implicating Ms. Yellowhorse. On remand, the district court should revisit whether Mr. Chischilly’s statements were self-inculpatory even though they incriminated Ms. Yellowhorse.

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

Fair Sentencing/Retroactive Sentence Reductions 3,981 Orders Granted to date.
Elderly Offender Home Confinement 1,247. Approved to date.
First Step Act Releases 25,786 granted to date.
Compassionate Releases/Reduction in Sentences 4,636 granted to date.
Population in RRC’s 8,005.
Population in Home Confinement 5,625.

COMMENT:

As expected, a very slow week in favorable cases with the shorten Thanksgiving Holiday week. However, we hope that you had a good meal for Thanksgiving. It used to be the two best meals were for Thanksgiving and Fourth of July in the BOP.

We are offering an end of the month Black Friday Special starting this Friday and ending on December 1, 2023. On all of our full Pleadings, such as direct appeals, § 2255 Motions, Compassionate Releases, 3582(c)(2) Motions etc., we are giving a 20% discount. Ask for details when you contact our representatives. This does not apply to Written Case Evaluations. We also see that President Biden is pardoning Turkeys for Thanksgiving, while 18,000 wait in prison.

Anyone that believes they may have a Prince/Range/Bruen claim should opt for a Written Case Evaluation (“WCE”) details below.

With regard to the USSG Guideline Amendments, we are receiving a great amount of people wanting to find out if they qualify for any of the new USSG Amendments. If you want to know whether you qualify under Prince/Range/Bruen or any of the new USSG Amendments, we suggest that you opt for a WCE ASAP to make that determination. The sooner your motion goes into Court, the sooner you could gain relief. Amendment 814 is now effective. A WCE will also tell you if you have any other relief available. We can help you file Amendment motions correctly also. In addition, if you believe you have a Prince/Range/Bruen, Rehaif, Dubin, Taylor, Concepcion, Ruan, Davis, Earned Time Credit or any other claim and want to see if you may have relief coming, you should opt for a WCE (WE NO LONGER OFFER FREE LOOKUPS).

For the last 29 years, we have been very successful on direct appeals, 2255 motions, 2241 Petitions, First Step Act and Compassionate Release Motions, DC Superior Court Petitions, State Post Conviction, Clemencies and Pardons to mention a few avenues for relief we cover. We also can help you with Earned Time Credits and other specialized motions. The WCE is an excellent 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 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.