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Seventh Circuit: District Court Abused Discretion by Denying Relief Without First Considering Recalculations Under First Step Act
by Douglas Ankney
The U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for the Western District of Wisconsin abused its discretion when it denied Vincent Corner’s motion seeking relief under § 404 of the First Step Act (“the Act”) without first determining …
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More from this issue:
- SCOTUS ‘Shadow Docket’ Secretly Pushes Agendas, Issues Major Rulings Without Argument or Public Knowledge, by Dale Chappell
- The Junk Science Cops Use to Decide You’re Lying, by Jordan Smith
- From the Editors
- California Court of Appeal Grants Habeas Relief Over Failure to Instruct Jury on ‘Heat of Passion’, by Dale Chappell
- Attacking the Guilty Plea: The Art of Withdrawing a Guilty Plea, by Dale Chappell
- Fourth Circuit: Releasee Under First Step Act Can’t ‘Bank’ Extra Time Spent in Prison Toward Future Supervised Release Violation, by Dale Chappell
- New Hampshire Supreme Court Announces Defendant Not Required to Identify Evidentiary Support for Noticed Defense, by Douglas Ankney
- Sixth Circuit Reverses District Court’s Grant of Summary Judgment to Defendants in § 1983 Suit Against City and Police Officers, by Douglas Ankney
- Ninth Circuit Clarifies Use of Rule 60(b) for Changes in Law, by Dale Chappell
- Nebraska Supreme Court Announces Remand for New Sentencing Hearing Appropriate Remedy for Enhanced Vehicular Homicide Sentence Without Evidence of Prior Convictions, by Douglas Ankney
- Study Exposes Public Defender Plea Negotiation Practices and Suggests New Negotiation Theory, by David Reutter
- Colorado Supreme Court Announces New Rules for Awarding Presentencing Credit, by Anthony Accurso
- Government Agencies Expand Use of Private Companies to Bypass Constitution, by Casey Bastian
- California Supreme Court Announces New Time Limit for Habeas ‘Appeal’ Stages, Clarifying Tolling for Federal Habeas Petitioners, by Dale Chappell
- Defense Officials: Law Enforcement in Military Garb not Appropriate, by Casey Bastian
- Justice Sotomayor Raises Due Process Concerns Over Eleventh Circuit’s Use of Published Successive Habeas Denial Orders, by Dale Chappell
- South Carolina Supreme Court: Failure to Give Logan Instruction Not Harmless Error Where Evidence Almost Entirely Circumstantial, by Douglas Ankney
- Seventh Circuit: District Court Abused Discretion by Denying Relief Without First Considering Recalculations Under First Step Act, by Douglas Ankney
- Colorado Supreme Court: Prosecution Prohibited From Arguing Defendant’s Failure to Retreat Showed Lack of Fear, Undermining Claim of Self-Defense, by Douglas Ankney
- Arizona Supreme Court Announces Cumulative Error Framework for Reviewing Multiple Instances of Prosecutorial Misconduct, by Douglas Ankney
- California Supreme Court Vacates LWOP Sentence After Its Recent Cases Clarifying ‘Special Circumstance’ Murder, by Dale Chappell
- Indiana Supreme Court: Must Be Immediate Causal Connection Between Confrontation and Other Crime by Defendant to Negate Self-Defense, by Douglas Ankney
- Seventh Circuit: Sentences for ‘Non-Covered’ Offenses Can Also Be Reduced Under First Step Act, by Dale Chappell
- Ninth Circuit: Police Violate Fourth Amendment Executing Administrative Warrant Where Primary Purpose Is Gathering Evidence for Criminal Investigation, by Douglas Ankney
- Interactions Between Diabetics and Law Enforcement Can Become Life-Threatening, by Casey Bastian
- Fourth Circuit Grants ‘SOS’ § 2254 Petition Attacking Three-Decade-Old Murder Conviction Based on New Evidence, by Dale Chappell
- Washington Federal Court: Looking at Lock Phone Screen Requires Warrant, by Anthony Accurso
- North Carolina Supreme Court: Defendant Can’t Be Convicted of Both Habitual Misdemeanor Assault and Felony Assault for Same Act, by Douglas Ankney
- Michigan Supreme Court: Probation Compliance Check During Unlawfully Extended Probation Was Unauthorized Warrantless Search, by Matthew Clarke
- Medical Experts Publish Guidelines on SUDC, by Douglas Ankney
- Successful Alternatives to Armed Police Response, by Edward Lyon
- Tenth Circuit: District Court Plainly Erred in Giving Erroneous Constructive Possession of Firearm Instruction, Conviction Reversed, by Douglas Ankney
- Second Circuit: District Court’s Failure to Offer Explanation for Its Sentence Constitutes Plain Error, by Douglas Ankney
- Maryland Court of Appeals Announces Reasonableness Standard in Providing Advice of Rights to Non-English Speaking Drivers, by David Reutter
- SCOTUS Goes Live on Camera, by Jayson Hawkins
- Seventh Circuit: Rehaif Creates Defense and Invalidates Defendant’s Guilty Plea, by David Reutter
- Chicago’s Police Torture Reparations, by Jayson Hawkins
- New Jersey Supreme Court: Juror Excused After Partial Verdict Requires Mistrial on Remaining Counts, by Dale Chappell
- Policing and Racial Bias, by Kevin Bliss
- How COVID-19 Forces New Releasees Into ‘Survival Mode’, by Dale Chappell
- From Detroit: How Not to Use Facial Recognition in Policing, by Anthony Accurso
- New Colorado Law Kills Qualified Immunity for Cops, by Dale Chappell
- When Police Caught Lying, the Spin Begins, by Edward Lyon
- Minnesota Cops Use Contact Tracing to Track Protestor Networks, by Anthony Accurso
- Minneapolis: Use of Force Against Blacks 7 Times Higher Than That for Whites, by Kevin Bliss
- Risk Assessment Tools Perpetuate Inherent Biases and Prejudices, by Kevin Bliss
- New ‘Barcode’ System Puts DNA Sample to the Authenticity Test, by Anthony Accurso
- New York Police Act With Impunity During Protests, by Kevin Bliss
- Police Violence and the 14th Amendment, by Jayson Hawkins
- Police Unions Buy Their Way Out of Reform, by Kevin Bliss
- Protecting Your Phone at Protests, by Douglas Ankney
- News in Brief
More from Douglas Ankney:
- California Appeals Court Sustains Amendments to CDCR that Narrow Youth Parole Eligibility Rules, July 1, 2026
- Eighth Circuit Revives § 1983 Complaint Alleging Jail Detainees’ Death from Stroke was Due to Deliberate Indifference and Failure to Train, July 1, 2026
- New Jersey Lawmakers Pass “Female Incarcerated Person’s Rights Protection Act”, July 1, 2026
- Louisiana’s Atavistic Approach to Criminal Sentencing and Parole Demonstrates Politicians’ Failure to Learn from Past Mistakes, July 1, 2026
- Fourth Circuit Revives Detainee’s Suit Alleging Monell and 14th Amendment Deliberate Indifference Claims, June 1, 2026
- FTC Substantiates Allegations Against ViaPath Related to Data Breach and Orders Remedial Action, June 1, 2026
- Study Shows That Suicide Intervention During and After Incarceration Reduces Suicide Attempts by 55%, June 1, 2026
- Ohio Supreme Court Rules that Sheriff Did Not Violate Open Records Act and Declines to Award Damages to Prisoner, June 1, 2026
- Fifth Circuit Announces Enhanced Supervised Release Provision Under 18 U.S.C. § 3583(k) Does Not Apply to Assimilative Crimes Act Offenses, Limiting Statutory Maximum to Five Years Under § 3583(b), June 1, 2026
- California Court of Appeal: Vehicle Impoundment Solely to Prevent Further Unlicensed Driving Does Not Satisfy Fourth Amendment’s Community Caretaking Exception; Statutory Authorization Alone Insufficient to Establish Constitutional Reasonableness, June 1, 2026
More from these topics:
- SCOTUS Announces Sentencing Disparities Created by Nonretroactive Statutory Amendments Cannot Constitute Extraordinary and Compelling Reasons for Compassionate Release, June 1, 2026. First Step Act, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Sentencing Disparity, Compassionate Release.
- Eighth Circuit Dismisses Federal Prisoner’s Challenge to BOP Denying His Request for Expedited Transfer to Prerelease Custody, June 1, 2026. Release and Reentry, Habeas Corpus, First Step Act, Community Confinement/Home Detention, Credits.
- Fourth Circuit to BOP Prisoner: Any “Disqualifying Offense” Means Zero FSA Credits, April 1, 2026. First Step Act, Bureau of Prisons (BOP), Statutory Construction/Interpretation, Credits, Concurrent and Consecutive Sentences.
- Six Years of the First Step Act: Federal Prison Data Reveal Treatment Gains, Persistent Disparities, and Unanswered Questions, April 1, 2026. Racial Discrimination, Systemic Medical Neglect, First Step Act, Drug Treatment/Rehab, Confinement in Segregated Housing.
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026. Procedural Error, Failure to Object, Abuse of Discretion Standard, Jury Selection, Juror Challenges.
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026. Appealable Issues/Orders, Abuse of Discretion Standard, De Novo Resentencing, Appellate Jurisdiction/Review, Plea Agreements/Guilty Pleas.
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026. Evidentiary Claims, Abuse of Discretion Standard, Expert and Opinion Testimony, Competency Hearing, Denial of Due Process.
- Fourth Circuit Holds Federal Prisoner Does Not Earn First Step Act Time Credits While in Transit Between Prisons, March 1, 2026. Rehabilitation/Recidivism, First Step Act, Bureau of Prisons (BOP), Credits.
- Second Circuit Holds Exclusion of Evidence Corroborating Defendant’s Testimony About Third-Party Statements Bearing on Intent Was Error, Clarifying That Rule 404(b) Does Not Bar Non-Propensity Evidence Offered to Support Credibility, March 1, 2026. Evidentiary Claims, Abuse of Discretion Standard, Motive/Opportunity/Intent/Identity Evidence, Character/Reputation/Propensity, Plain/Harmless Error.
- California Appeals Court Rules in Favor of Ripped Off Prisoner, Feb. 1, 2026. Attorney Misconduct, Court Appearances, Trials, Abuse of Discretion Standard, Access To Courts.





