Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release by Dale Chappell by Dale Chappell F ederal courts have increasingly rejected the government’s argument that the U.S. Sentencing Commission lacked authority in implementing U.S. Sentencing Guidelines (“USSG”) § 1B1.13(b)(6). This provision, effective as of November 2023, …

Fourth Circuit Holds Ineligibility for First Step Act Safety Valve Relief Requires Proof of All Three Listed Criminal History Characteristics Satisfied, Widening Circuit Split by David Reutter by David M. Reutter The U.S. Court of Appeals for the Fourth Circuit held that the plain text of 18 U.S.C. § 3553(f)(1) …

Eleventh Circuit Announces Defendant Must Satisfy All Three Subsections of § 3553(f)(1) to Be Ineligible for Safety Valve by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit, sitting en banc, held that a defendant must satisfy all three subsections of the First Step Act, …

SCOTUS Holds Ramos’ Unanimous Jury Requirement Is New Procedural Rule and Announces No New Procedural Rule Applies Retroactively on Federal Collateral Review by Dale Chappell by Dale Chappell The Supreme Court of the United States held that its landmark decision issued on April 20, 2020, in Ramos v. Louisiana, 140 …