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D.C. Circuit Joins Seven Other Circuits in Holding USSG § 1B1.13 Doesn’t Apply to Compassionate Release Motions Filed by Prisoners
by Dale Chappell
The U.S. Court of Appeals for the D.C. Circuit joined seven other circuits and held that a compassionate release motion filed by a prisoner under 18 U.S.C. § 3582(c)(1)(A) is not subject to the policy statement in U.S. Sentencing Guidelines Manual (“USSG”) § 1B1.13, after the First ...
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More from this issue:
- ShadowDragon: Inside the Social Media Surveillance Software That Can Watch Your Every Move, by Michael Kwet
- Report Chronicles Growing List of Exonerations, by Jayson Hawkins
- Racist Police Violence Reconsidered, by John McWhorter
- Excited Delirium Syndrome: Pseudo-Scientific Shield for Law Enforcement’s Violent Behavior, by Michael Fortino, Ph.D
- Colorado Supreme Court: Warrantless Pole Camera Surveilling and Recording of Curtilage for Over Three Months Constitutes an Illegal Search, by Douglas Ankney
- Proliferation of Anti-Riot Laws Spurs Nationwide Legal Challenges, by Casey Bastian
- How Law Enforcement Get Past Phone Encryption, by Anthony Accurso
- Minnesota Supreme Court Announces Two-Year Time Limit of § 590.01, subd. 4(c) Runs From Date of Court Decision, by Douglas Ankney
- First Circuit: Defendant Entitled to Withdraw Plea Where Government Withdrew From Plea Agreement Based on Defendant’s Breach, by Douglas Ankney
- Law Proposed to End Sales of Private Data to Law Enforcement, by Anthony Accurso
- Wisconsin Supreme Court Announces Incapacitated Driver Provision of Implied Consent Statute Unconstitutional, by Douglas Ankney
- Law of Unintended Consequences: How Defunding the Police Leads to Salary Increases, by Casey Bastian
- Washington Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Introduction of Inadmissible Evidence, by Douglas Ankney
- Is It Time to Stop Relying on the Cops?, by Casey Bastian
- Michigan Supreme Court: Parole-Revocation Prison Term Imposed as Result of Separate Wrongful Conviction Is Included in Compensation Under WICA, by Douglas Ankney
- Maine Supreme Judicial Court Reverses Denial of Suppression Motion and Vacates Murder Conviction, by Douglas Ankney
- D.C. Circuit Joins Seven Other Circuits in Holding USSG § 1B1.13 Doesn’t Apply to Compassionate Release Motions Filed by Prisoners, by Dale Chappell
- New Jersey Supreme Court Announces Framework for Requesting Criminal Background Check of Potential Juror and Calls for Judicial Conference to Explore Nature of Discrimination in Jury Selection Process, by Douglas Ankney
- First Circuit Orders New Trial Following Detailed Discussion of Entrapment Defense and When Courts Must Give Jury Instruction, by Douglas Ankney
- Maryland Court of Appeals Announces Standard for Whether Scientific Evidence Is ‘Testimonial’ for Confrontation Right Purposes Under Article 21 of Maryland Declaration of Rights, by Douglas Ankney
- NYPD Training Deprioritizes First Amendment Education in Policing Protests, by Casey Bastian
- USPS Reveals Social Media Surveillance Program, by Anthony Accurso
- California Supreme Court Announces Hearsay Regarding Nonpredicate Offenses in Psychological Evaluation Reports Inadmissible in SVP Probable Cause Hearings, by Douglas Ankney
- Rhode Island Supreme Court: Conclusory Statutory Language to Describe Purported Child Porn Image Used to Support Search Warrant Affidavit Invalidates Warrant, by Anthony Accurso
- When Life Is No Better Than Death, by Jayson Hawkins
- Texas Man Positively Identified by Six Eyewitnesses and Sentenced to Life Granted Actual Innocence Relief as Result of DNA Evidence, by Casey Bastian
- California Supreme Court Announces Suspended Execution of Sentence with Probation Imposed Is Not ‘Final’ so New Changes in Law Apply Retroactively on Appeal, by Dale Chappell
- Montana Supreme Court: Detainee Entitled to Pre-Sentence Credit for Time Served Regardless if Also Held in Connection With Another Matter in Another County, by Douglas Ankney
- Colorado Supreme Court Announces Mandatory Lifetime Sex Offender Registration Unconstitutional for Juveniles With Multiple Adjudications, by Dale Chappell
- New Mexico Abolishes Qualified Immunity, by Michael Fortino, Ph.D
- Missouri Supreme Court: IAC Where Guilty Plea Based on Counsel’s Assurance Defendant Eligible for Drug Treatment Program When, as Matter of Law, Ineligible, by David Reutter
More from Dale Chappell:
- How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, March 15, 2025
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
More from these topics:
- ACLU Sues BOP Over Failure to Implement First Step Act Release Credits, May 1, 2025. U.S. Sentencing Guidelines, First Step Act, Bureau of Prisons (BOP).
- Michigan Allows More Releases for Medically Frail Prisoners, Feb. 15, 2025. Compassionate Release.
- First Step Act Linked to Modest Reductions in Time Served by Federal Prisoners, Feb. 1, 2025. First Step Act, Resentencing, Credits.
- U.S. Sentencing Commission Publishes Data Report on Compassionate Release in FY 2023, Oct. 1, 2024. COVID-19, Statistics/Trends, Compassionate Release, Official Report.
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024. Retroactivity, Guideline Amendment/Variances and Retroactivity, Compassionate Release.
- California Court of Appeal Holds Defendant Suffering From ALS and Near Death Entitled to Compassionate Release, Sept. 1, 2024. Nervous System, Failure to Treat, Compassionate Release.
- Alabama Denies Parole to Dead Prisoner, Aug. 15, 2024. Wrongful Death, Conditions of, Sentences - Length/Severity of, Compassionate Release.
- Fourth Circuit Announces ‘Sentencing Package Doctrine’ Permits District Court to Resentence Both Covered and Noncovered Offenses Under First Step Act, July 15, 2024. First Step Act, Resentencing, De Novo Resentencing.
- BOP Has a Halfway House Problem, June 1, 2024. First Step Act, Good Time Credits, Halfway House Placement, Community Corrections Facilities.
- New Data From BOP Reveals Technical Violations Account for Nearly a Third of First Step Act Recidivism, May 15, 2024. Crime, Statistics/Trends, First Step Act, Probation, Parole & Supervised Release, Revocation Proceedings.
