U. S. Supreme Court Happenings, Favorable Federal Circuit Opinions & Other News for the Week of October 17-21, 2022--

Supreme Court Happenings for the Week ending October 21, 2022 –

This week’s new order list included six GVRs (Granted, Vacated and Remanded) cases from the Supreme Court based on criminal justice rulings last Term. Specifically, there were five GVRs based n Ruan and one based on Concepcion. These cases maybe that the best bet for Supreme Court excitement these days.

But hope springs eternal in the Supreme Court this fall, and the Justices will release another order list in a couple of weeks on October 31, 2022. Perhaps someone can scare up some spirited cert grants for that special day. And, not to be forgotten, a big case for federal prisoners seeking review of convictions and sentences, Jones v. Hendrix, No. 21-857, is be argued on November 1., 2022, which we will discuss in another newsletter. In the meantime, we have the excitement of the first public U.S. Sentencing Commission hearing in nearly four years on October 28, 2022.

Favorable Federal Circuit Opinions for the Week of October 17-21, 2022 –

8th Circuit

United States v. Owen, (No. 21-3870)(8th Cir. October 19, 2022)– Owen twice pleaded guilty to selling cocaine in Minnesota. The question for the appellate Court was whether these convictions count as “serious drug offense[s]” under the Armed Career Criminal Act. 18 U.S.C. § 924(e)(1). The district court1 concluded that the answer was no because state law criminalizes the sale of drugs that the federal controlled-substance schedules do not.

OTHER NEWS

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

Fair Sentencing/Retroactive Sentence Reductions 3,953 Orders Granted to date.
Elderly Offender Home Confinement 1,202 Approved to date.
Compassionate Releases/Reduction in Sentences 4,316 granted to date.

COMMENT:

Another very slow week in the circuit courts. Recently, we reported on a case out of the Western District of Texas, Midland-Odessa Division in United States v. Quiroz, (No 22-cr-00104) (W.D.Tex., September 19, 2022), wherein U. S. District Judge David Counts held that in light of New York State Rifle & Pistol Assn., Inc. v. Bruen, (No. 20-843) (S. Ct. June 23, 2022) that § 922(n) was unconstitutional. Now comes, United States v. Price, (No 2:22-cr-00097) (S.D.W.Va., Oct. 12, 2022)–wherein West Virginia defendant Price was caught with a gun that had serial numbers filed off. He was charged with being a felon-in-possession under 18 USC § 922(g)(1) and with violating § 922(k). The district court held that the felon-in-possession statute was constitutional, but that § 922(k) was not. The government could not show that the obliterated serial number statute was “consistent with the Nation’s historical tradition of firearm regulation.” It appears that the Bruen decision is going a lot further than most anticipated. So far, there has not been any courts stating that because of Bruen § 922(g) is unconstitutional, which seems to be a stretch but you never know.

With regard to President Biden’s Marijuana Pardon program, we believe that where it could be the most helpful is for people deemed career offenders, or for § 851 enhancements or for Criminal History Categories reductions. This would mean significant reductions for many more than the estimated 6500 the government believes will benefit.

Anyone who believes they may have a Taylor, Concepcion, Ruan, Bruen, Earned Time Credit or Marijuana Pardons problems or any other claim you believe you may have relief coming for or just want to see if we can find something that will gain you relief should opt for a Written Case Evaluation. With regard to the recent decision in Quiroz we have been in front of Judge Counts of several occasions in Midland-Odessa, Texas. It is not surprising that he wrote such an opinion.

Another very slow week for favorable cases. Of course, Monday was a federal Holiday. There were 5 new compassionate release motions granted this week and 4 others were granted relief for the Fair Sentencing Act/ Retroactive Sentence Reductions. As previously mentioned, in the last two months, we have had four (4) people released, two out of the 3d Circuit and two out of the 7th Circuit. Three on compassionate release motions and one on a § 2255 COA motion.

For the last two years, we have not offered free quick lookups because it costs us too much time and resources. Now, we offer Written Case Evaluations, which include a complete procedural history of your case, the factual basis and our findings and recommendation in our opinion as to whether you have anything coming. Anyone who thinks that they may qualify for compassionate release or any other remedy should request a Written Case Evaluation. For the last 27 years, we have also been very successful on direct appeals, 2255 motions and 2241 Petitions, First Step Act, Compassionate Release Motions, DC Superior Court, State Post Conviction, Clemencies and Pardons, and Parole Packages to mention a few avenues for relief. We also can help you with Earned Time Credits and other specialized motions.

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.