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Seventh Circuit: District Court’s Failure to Address Nonfrivolous Argument Raised in First Step Act Motion Constitutes Procedural Error in Violation of Concepcion

Loaded on April 15, 2023 by Douglas Ankney published in Criminal Legal News May, 2023, page 38
Filed under: Frivolous Litigation (PLRA), First Step Act, Procedural Default/Error. Location: Illinois.

by Douglas Ankney

The U.S. Court of Appeals for the Seventh Circuit ruled that when deciding a motion for a sentence reduction under § 404 of the First Step Act (“FSA”), a District Court must demonstrate it considered every nonfrivolous argument raised by the defendant.

In 2005, Jamell Newbern pleaded ...

 

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