U. S. Supreme Court Happenings, Favorable Federal Circuit Opinions and for the Week of October 16-20, 2023--

U. S. Supreme Court Happenings for the Week ending October 20, 2023, 2023 –

The Justices next conference will be on October 27, 2023.

Favorable Federal Circuit Opinions for the Week of October 16-20, 2023 –

1st Circuit

United States v. Donald, (No. 22-1723)(1st Cir. October 16, 2023)–This appeal concerns the challenge that Daniel Donald brings to his five 2021 convictions in the United States District Court for the District of Massachusetts on federal drug- and gun-related charges. He argued that the convictions must be vacated because the District Court failed to suppress incriminating statements that he made to law enforcement which he contends were obtained in violation of his rights under Miranda v. Arizona, 384 U.S. 436 (1966). The District Court rejected Donald's contention in his suppression motion that Officer Morris on November 30, 2017 responded "No" when he asked, "None of this can be used against me, can it?" The District Court found, based on its review of the recording of the interrogation, that Officer Morris did not so respond and that "[i]f there was a response . . . it was unintelligible." The Court could not conclude that the government satisfied its burden to show that Donald validly waived his Miranda rights and the error was not harmless, we agree with Donald that none of his convictions c an stand. The Court vacated Donald’s convictions and remanded for further proceedings consistent with this opinion.

4th Circuit

United States v. Redd, (No. 20-6957)(4th Cir. October 19, 2023)– Garfield Redd was convicted of possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1). The district court sentenced Redd to 240 months’ imprisonment, applying the sentencing enhancement provided by the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e), after finding that Redd had three qualifying predicate convictions for a “serious drug offense” or “violent felony.” But after the Supreme Court decided Johnson v. United States, striking down the “residual clause” of ACCA’s violent-felony definition as unconstitutional, 576 U.S. 591, 606 (2015), Redd filed a § 2255 motion to vacate his ACCA sentence. He argued that Maryland first-degree assault—which formed the basis for two of his ACCA predicate offenses—was not a “violent felony” under ACCA. The district court denied Redd’s motion, and he appealed. Upon review, the Court held that Maryland first-degree assault is not a “violent felony” under ACCA and reversed the district court’s denial of Redd’s § 2255 motion, vacated Redd’s ACCA sentence, and remanded for further proceedings.

5th Circuit

United States v. Foreman, (No. 21-50986)(5th Cir. October 18, 2023)– Nicole Foreman was convicted of transporting illegal aliens and conspiracy to transport illegal aliens. But the government used inadmissible evidence to prove that the person being transported was in the United States unlawfully. Because this is an element of the substantive offense but not the conspiracy charge, the Court vacated Foreman’s conviction for transporting illegal aliens and remanded for resentencing.

United States v. Harris, (23-30030)(5th Cir. October 17, 2023)– Bryant Lamont Harris asserts that he is required by his religious faith to abstain from psychiatric medication. But because he is not competent to stand trial, the government requested to involuntarily medicate him, and the district court granted the motion. The Court held that Harris’s religious beliefs, combined with his lengthy detention and his potential civil confinement, lessen the government’s interests in forcible medication and accordingly remanded the case for further proceedings consistent with this opinion.

7th Circuit

United States v. Fieste, (No. 23-1739)(7th Cir. October 19, 2023)– Defendant Darlene Fieste faces charges for threatening to assault and murder two federal judges, three former United States presidents, and the current President. She is currently incompetent to stand trial—Fieste struggles with a mental illness that causes her to experience delusions. Now in custody, Fieste has refused the antipsychotic medication that experts believe will restore her competence. The government therefore has moved for permission to involuntarily medicate her to render her competent to stand trial. The district court granted the motion, but because the district court’s order did not include a dosage range, the Court vacated the order and remanded for the limited purpose of resolving that issue.

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

Fair Sentencing/Retroactive Sentence Reductions 3,988 Orders Granted to date.
Elderly Offender Home Confinement 1,245 Approved to date.
First Step Act Releases 24,463 granted to date.
Compassionate Releases/Reduction in Sentences 4,629 granted to date.
Population in RRC’s 8,166.
Population in Home Confinement 5,678.

COMMENT:

With regard to the USSG Guideline Amendments coming into effect on November 1, 2023 and February 1, 2024, we will be sending out a Special Edition Newsletter next week regarding the those Amendments. If you want to know whether you qualify for any of those Amendments, we suggest that you opt for a Written Case Evaluation (WCE) ASAP to make that determination.

Alert2020 believes now is the time to start preparing to file these motions to get at the front of the line instead of at the end of the line. Further, if you believe you have a Dubin, 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. Anyone who thinks that they may also qualify for compassionate release under USSG Amendment 814 or the criminal history USSG Amendment 821, or any other remedy should request 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, 18 U.S.C. § 3582(c)(2) 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.