U. S. Supreme Court Happenings, Favorable Federal Circuit Opinions and Other News Including House of Representative Committee on the Judiciary Unanimously Approving the Prohibiting Punishment of Acquitted Conduct Act of 2023 (H.R. 5430) for the Week of November 6-10, 2023 --

Supreme Court Happenings for the Week ending November 10, 2023 –

The Justices met for their November 9, 2023 conference today. We expect orders on Monday, November 13, 2023.
The Supreme Court appeared ready to uphold a federal law that bars anyone subject to a domestic-violence restraining order from possessing a gun. During just over 90 minutes of oral argument on Tuesday, a majority of the justices seemed wary of the consequences of allowing a ruling by a federal appeals court that struck down the law to stand.
The challenge to the law came to the court in the case of Zackey Rahimi, who was the subject of a Feb. 2020 protective order in a Texas state court after an incident in which he assaulted his then-girlfriend, who is also the mother of his child, and fired a gun at a witness to the incident. The protective order barred Rahimi from going near his former girlfriend’s home and workplace, and it also prohibited him from having a gun.
In 2021, police searched Rahimi’s home because he was a suspect in a series of shootings. After they found a rifle and a pistol, he was charged with violating 18 U.S.C. § 922(g)(8), the law at the center of this case.
Rahimi sought to have the charge against him dismissed, arguing that the law is unconstitutional. In the wake of the Supreme Court’s 2022 decision in New York State Rifle and Pistol Association v. Bruen, in which the justices explained that courts should uphold gun restrictions only if there is a tradition of such regulations in U.S. history, the U.S. Court of Appeals for the 5th Circuit agreed and threw out Rahimi’s conviction. Although the government is not required to identify a “historical twin” to Section 922(g)(8), the court of appeals explained, it had not offered the kind of “well-established and representative analogue” required to uphold the law.
In our opinion from the oral argument, it appears that the Justices are wary of striking down a domestic-violence gun restriction. We will have to wait and see when the opinion is released next year. We believe that the Range case out of the Third Circuit would have been a better case for the Supreme Court ro review. In Range v. Atty General, that case involved a man convicted of food stamp fraud 25 years before who was prevented from buying a gun and was charged.

Favorable Federal Circuit Opinions for the Week of November 6-10, 2023 –

7th Circuit

United States v. Sweatt, (No. 23-1752)(7th Cir. November 8, 2023)– Sweatt, who is serving a 384-month sentence in federal prison, asked the district court to modify the terms of his restitution obligation based on a change in his financial circumstances pursuant to 18 U.S.C. § 3664(k). The district court denied the motion on the grounds that it lacked the authority to do so. The defendant’s ability to pay cannot be a factor in setting the amount of restitution. 18 U.S.C. § 3664(f)(1)(A); but the defendant’s economic outlook factors into the repayment schedule and any changes to it. 18 U.S.C. §§ 3572(f)(2); 3664(k). Because the district court has the authority under §3664(k) to adjust Sweatt’s restitution payment schedule, the Court vacated the decision and remanded for consideration of the motion on the merits.

OTHER NEWS

The House of Representative Committee on the Judiciary last Wednesday unanimously approved the Prohibiting Punishment of Acquitted Conduct Act of 2023 (H.R. 5430). Spearheaded by Rep. Steve Cohen (D-TN), the bipartisan measure was approved 23-0. In September, Cohen introduced the bipartisan measure with Rep Kelly Armstrong (R-ND), with Sens Richard Durbin (D-IL) and Charles Grassley (R-IA) introducing a companion bill, S.2788, in the Senate. This legislation would end the practice of judges increasing sentences based on conduct for which a defendant has been acquitted. It will now advance to the full House of Representatives for a floor vote. The Senate has yet to act on the measure. The Sentencing Commission considered prohibited acquitted conduct from being used in sentencing last winter but decided the issue needed more review. On June 30, the Supreme Court denied review on 13 different cases raising the issue.

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

Fair Sentencing/Retroactive Sentence Reductions 3,980 Orders Granted to date.
Elderly Offender Home Confinement 1,246. Approved to date.
First Step Act Releases 25,286 granted to date.
Compassionate Releases/Reduction in Sentences 4,635 granted to date.
Population in RRC’s 8,117.
Population in Home Confinement 5,635.

COMMENT:

Perhaps because of the short Holiday week, we had another scant week regarding favorable cases in the federal circuit courts this week. Hopefully, something will happen with Rahimi. However, we believe that Range would be the best test for the Supreme Court.

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. Recently, we sent out a Special Edition newsletter regarding all the new Amendments now in effect and the ones that will come into effect on February 1, 2023. We suggest that you read it carefully to understand better the USSG Amendments. If you want to know whether you qualify, we suggest that you opt for a Written Case Evaluation (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 Dubin, Rahimi, Range/Bruen, Rehaif, Taylor, Concepcion, Ruan, Davis, Earned Time Credit or any other claim and want to see if you may have relief coming 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.