U. S. Supreme Court Happenings, Favorable Federal Circuit Opinions and Presidential Pardons: A Historical and Contemporary Perspective for the week of November 25-29, 2024--
U. S. Supreme Court Happenings– Week Ending November 29, 2024 –
The Justices were recessed this week because of the Thanksgiving Holiday.
Favorable Federal Circuit Opinions for the Week of November 25-29, 2024 –4th Circuit
United States v. Bullis, (No. 23-4184)(4th Cir. November 26, 2024)– Following a nine-day trial, Stephen Bullis was convicted of six federal crimes, including two counts of using a firearm during and in relation to other crimes, in violation of 18 U.S.C. § 924(c). After Bullis had served twenty-three years in prison, the United States Supreme Court struck down the “residual clause” of 18 U.S.C. § 924(c) as unconstitutional. That ruling resulted in the district court setting aside Bullis’s two Section 924(c) convictions and resentencing him on the remaining four counts. Bullis contends that the resentencing on the four remaining counts violated his rights under the Double Jeopardy Clause of the United States Constitution because he had fully served his sentence on these counts at the time of the resentencing. Bullis challenged his resentencing as having been in violation of the fundamental precept that criminal defendants have a right to be present for their sentencing. Bullis contends that the district court erred by imposing a special condition of supervised release that differed materially from the court’s oral pronouncement. Bullis also contended that the district court erred because it failed to incorporate clearly the Standard Conditions of Supervision as adopted in the Eastern District of North Carolina. The Court agreed with both contentions, and therefore it vacated and remanded for resentencing.
OTHER NEWSPresidential Pardons: A Historical and Contemporary Perspective – based on Article by Sam Merchant, in CrimProfBlog - November 27, 2024 --
Thanksgiving often sparks discussion on presidential pardon power, symbolized by the ceremonial pardoning of a turkey. Recent articles by legal scholars Rachel Barkow, Mark Osler, and Doug Berman have emphasized the importance of using this power effectively, urging President Biden to expand clemency and envisioning a more structured approach to pardon evaluations. Historically, presidents tend to grant more pardons as they approach the end of their terms.
Trends in Pardons and Clemency
Analyzing historical data from 1900 onward reveals notable trends. Pardons peaked during certain administrations, such as President Obama’s, who granted approximately 1,700 clemency petitions
between late 2016 and early 2017. However, starting in the 1980s, petition grants dropped significantly, with annual approvals often falling below 50 during the Reagan and George W. Bush
administrations.
Two factors could suggest an increase in pardons over time: the growing U.S. population (and associated prison population) and the federalization of crime under tough-on-crime policies.
However, these policies also contributed to the decline in pardons, as they shifted pardon recommendations to Department of Justice officials responsible for prosecutorial policies.
Historically, the annual average of petition grants is around 180. Yet, adjusting for modern incarceration rates, today’s presidents would need to grant roughly 2,500 petitions annually to
match historical rates. Modern presidents, including Biden, fall significantly short of this benchmark.
President Biden's and Trump’s Pardons
President Biden’s notable amnesty actions—such as pardons for simple marijuana possession and LGBTQ veterans prosecuted under military codes—are not reflected in official Department of
Justice data because they were granted by proclamation rather than individual petitions. These actions impacted at least 8,500 individuals, though they cannot be directly compared to
previous amnesties due to inconsistent historical records.
President-elect Trump has indicated he will exercise his pardon power, potentially for those convicted in connection with the January 6, 2021, Capitol breach. Historically, pardons often
relieve severe sentences, such as death or lengthy imprisonment. However, many January 6 offenders were convicted of misdemeanors or nonviolent offenses, making these pardons less
consequential in terms of immediate incarceration but more politically significant. If Trump extends pardons to violent offenders who trained for combat or assaulted law enforcement, it
could further politicize and delegitimize the pardon process.
The Role of Pardons in Justice
Alexander Hamilton envisioned pardons as a tool for addressing “unfortunate guilt” arising from systemic flaws. However, modern pardon practices, often politically motivated, risk undermining
public trust in the justice system. Tribal or partisan uses of pardon power, such as January 6-related pardons, could exacerbate perceptions of inconsistency and favoritism, even among those
benefiting from such clemency.
Presidents Biden and Trump have an opportunity to restore integrity to the pardon process. By granting petitions based on merit rather than political considerations, they could reaffirm the
justice system’s reliability. President Biden, for instance, could address the legacy of his tough-on-crime policies from the 1990s, which contributed to the incarceration of many deserving
clemency. Similarly, Trump could broaden his pardons to include objectively deserving petitioners, improving the public’s perception of his use of this power.
Conclusion
The power to grant pardons should serve as a tool to correct systemic injustices and demonstrate the executive branch’s commitment to fairness. Both Biden and Trump have the opportunity to
use this authority wisely, prioritizing justice over politics. Historically, granting around 2,500 petitions annually aligns with past practices and reflects the need to address systemic
flaws in the justice system. Exercising the pardon power thoughtfully could restore faith in its purpose and ensure it remains a symbol of justice rather than partisanship.
With regard to clemencies, we suggest that January 6th defendants file their clemencies materials to President-Elect Trump and his team well before he takes office on January 20, 2025. In order to help anyone who is interested in filing the new clemency papers and clemency package, Alert2020 is offering a special in order to get them completed ASAP before Biden leaves office and Trump takes office. Our clemency evaluation telephone number for the above is (832) 346-0220.
We have also received a lot of inquiries about 18 U.S.C. §§ 922(g) & 924(c) convictions based on the recent Rahimi decision and circuit decisions such as Range and Williams based on last year’s Bruen Supreme Court decision. We are still evaluating cases for the new Amendments and/or the firearm convictions. However, contrary to inmate rumor at inmate.com, there are no changes to § 924(c) convictions. We will need an outside contact’s name and telephone number, where you went to court, and your case number. We will contact 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. ASK ABOUT OUR CHRISTMAS SPECIAL.
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.
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