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Ninth Circuit Announces District Courts May Consider First Step Act’s Non-Retroactive Changes to Sentencing Law When Deciding Motion for Compassionate Release
by Douglas Ankney
On an issue upon which the circuits are split, the U.S. Court of Appeals for the Ninth Circuit held that district courts may consider the First Step Act’s (“FSA”) non-retroactive changes to sentencing law, in conjunction with other factors specific to the individual defendant, when deciding whether ...
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More from this issue:
- False Confession Generator: How Accusatorial Interrogations Undermine the Pursuit of Justice, by Anthony Accurso
- Arizona Supreme Court Announces Jury Unanimity Required Regarding Narcotic Type Under Possession Statute, by Anthony Accurso
- Against the Flow: How the National Registry of Exonerations Is Working to Turn the Tide of Wrongful Convictions Across U.S., by Benjamin Tschirhart
- Ninth Circuit Announces District Courts May Consider First Step Act’s Non-Retroactive Changes to Sentencing Law When Deciding Motion for Compassionate Release, by Douglas Ankney
- Across the Nation, Cops Use ‘Fog Reveal’ to Track More Than 250 Million Mobile Devices, by Douglas Ankney
- First Circuit Reverses Denial of Habeas Relief Where District Court Found Batson Error but Observed AEDPA, Deferred to State Court’s Finding that No Batson Error Occurred, by Douglas Ankney
- Federal Habeas Corpus: How to Raise an Actual Innocence Claim, by Dale Chappell
- Second Circuit Announces District Courts Must Provide Habeas Petitioners with Notice and Opportunity To Be Heard Before Dismissing Petition Sua Sponte Based on Stone’s Limitation on Fourth Amendment Claims, by Douglas Ankney
- Massachusetts Supreme Judicial Court: Criminal Record Alone Does Not Justify Patfrisk, Gun Discovered in Waistband Suppressed, by Jacob Barrett
- Third Circuit: Defendant Entitled to Reasonable Opportunity to File Sentencing Memo Before Resentencing Under First Step Act, by David Reutter
- Fifth Circuit Denies Absolute Immunity for Prosecutor Who Fabricated Evidence in Murder Conviction and Death Sentence, by Douglas Ankney
- Prosecutors in These States Can Review Sentences They Deem Extreme. Few Do., by Matt Nadel, Charlie Lee
- Fourth Circuit Announces Substantive Reasonableness Review Applies to All Proceedings Under § 404 of First Step Act, Regardless of Whether Motion Is Granted or Denied, by Douglas Ankney
- Sixth Circuit Announces Criminal Forfeiture Under Fed. R. Crim. P. 32.2(b) Is Mandatory Claims-Processing Rule, Reverses $62.5 Million Money Judgments, by Douglas Ankney
- Colorado Supreme Court: Police Officer’s ‘Hunches’ Cannot Establish Probable Cause, Determination Requires Consideration of Facts Weighing in Favor and Against Probable Cause, by Anthony Accurso
- Kentucky Supreme Court Announces Obtaining Real-Time CSLI Data Constitutes a Search Under Fourth Amendment, Addressing Legal Question U.S. Supreme Court Explicitly Left Open in Carpenter, by Anthony Accurso
- New York Court of Appeals Reverses Murder Conviction Where Trial Court’s Evidentiary Rulings Deprived Defendant of ‘Opportunity to Present Complete Defense’, by Douglas Ankney
- Miami Police Officer Who Broke ‘Blue Code of Silence’ Being Investigated, by Casey Bastian
- Eighth Circuit: District Court Erred in Denying Government’s Motion to Dismiss Charges as Part of Plea Agreement, by David Reutter
- NIST’s Upgrade to Software Reference Library Makes Data More Accessible to Law Enforcement, by Douglas Ankney
- For $10 Billion, New Yorkers Get a Police Package Deal That Includes Corrupt Career Officers and Almost 1,000 Criminal Cases Tossed, by Douglas Ankney
- Indiana Supreme Court Announces Trial Rule 26(B)(3) Governs Whether Police Reports Are Protected Work Product, Expressly Overruling Keaton, by Douglas Ankney
- Variability in Records Requests Obscures Police Use of Surveillance, by Anthony Accurso
- U.S. Senator to Federal Agency: Investigate Abusive Use of Administrative Subpoena Power to Gather Bulk Financial Records, by Casey Bastian
- Fog Data Science, Your Hometown Data Broker, by Anthony Accurso
- News in Brief
- Due Processless Civil Asset Forfeitures in Houston, Texas, by Edward Lyon
More from Douglas Ankney:
- Third Circuit Upholds Award of $265,000 to Prisoner Who Was Sexually Assaulted Twice by the Same Guard, Aug. 1, 2025
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025
- $340,000 for Former Massachusetts Prisoner Whose Baby Was Stillborn, July 15, 2025
- New Jersey Supreme Court Refuses Guard’s Challenge to Firing for Failing to Report Kiss with Prisoner, July 15, 2025
- New York City Loses Bid to Withhold Jail Records, July 15, 2025
- Eleventh Circuit Announces New Deliberate Indifference Framework in Dismissing Georgia Prisoner’s Claim for Skipped Anti-Seizure Meds, July 15, 2025
- Washington Jail Settles DOJ Allegations of ADA Noncompliance in Failure to Treat Opioid Use Disorder, July 15, 2025
- Ohio Supreme Court Says Sheriff Must Get and Disclose Records of Private Contractors, July 15, 2025
- Third Circuit Rejects U.S. Sentencing Commission Amended Compassionate Release Policy, July 15, 2025
- South Carolina Prisoners Granted Class-Action Status in Suit Over Low Wages in Prison Industries Jobs, July 15, 2025
More from these topics:
- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Release and Reentry, Bureau of Prisons (BOP), Compassionate Release.
- SCOTUS Announces Sentence ‘Has Not Been Imposed’ for Purposes of First Step Act Retroactivity Upon Resentencing When § 924(c) Offender Sentenced Prior to Act’s Enactment but Sentence Subsequently Vacated, Aug. 1, 2025. Retroactivity, First Step Act, Resentencing, Recidivist Enhancements, Stacking Mandatory Minimum Sentences.
- Fourth Circuit Announces Sentencing Disparity Between Defendant and Co-Defendants Alone Constitutes ‘Extraordinary and Compelling’ Reason Sufficient to Justify Compassionate Release, Aug. 1, 2025. Sentencing Disparity, Failure To Consider Disparity, Length of Co-Defendant's Sentence, Disparity Among Co-Defendants, Compassionate Release.
- Third Circuit Rejects U.S. Sentencing Commission Amended Compassionate Release Policy, July 15, 2025. U.S. Sentencing Guidelines, Compassionate Release.
- D.C. District Court Dismisses Class Action Against BOP Over Earned Sentence Credits, July 15, 2025. Good Time, First Step Act, Sentences - Corrections or Modifications of.
- Alabama’s Oldest Prisoner Dies in Hospital, July 15, 2025. Geriatric Classification, Totality of Conditions, Age, Compassionate Release.
- 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.