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Summary of the 2025 Drug Offenses Amendment  by the U.S. Sentencing Commission

Article • August 1, 2025 • from CLN August, 2025

Filed under: U.S. Sentencing Guidelines, Methamphetamine, Drug Mule, Machine Guns, Safety Valve

Summary of the 2025 Drug Offenses Amendment by the U.S. Sentencing Commission by David Kim On April 30, 2025, the United States Sentencing Commission (“USSC”), an independent agency within the judicial branch established under the Sentencing Reform Act of 1984, promulgated a multi-part amendment to the federal sentencing guidelines addressing …

Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release

Article • October 1, 2024 • from CLN October, 2024

Filed under: Retroactivity, Guideline Amendment/Variances and Retroactivity, Compassionate Release

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, …

Third Circuit District Court Erred by Failing to Consider Mitigating Evidence Under § 3553(a) Because It Mistakenly Believed Such Grounds Already Taken Into Consideration Based on Safety-Valve, Mino...

Article • October 1, 2024 • from CLN October, 2024

Filed under: U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Sentences - Adjustments and Departures, Disclosure Obligations

Third Circuit District Court Erred by Failing to Consider Mitigating Evidence Under § 3553(a) Because It Mistakenly Believed Such Grounds Already Taken Into Consideration Based on Safety-Valve, Minor Role, and Acceptance of Responsibility Departures in by Sam Rutherford by Sam Rutherford The U.S. Court of Appeals for the Third Circuit …

Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them

Article • May 15, 2024 • from CLN May, 2024

Filed under: U.S. Sentencing Guidelines, Possession or Use of Firearms, Vicarious Liability, Safety Valve

Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for the Southern District of …

Federal Sentencing Guidelines Undergo Substantial Amendments

Article • January 15, 2024 • from CLN January, 2024

Filed under: U.S. Sentencing Guidelines, First Step Act, Violence Against Women Act, Criminal History, Qualifying Offenses, Sentence Enhancements/Departures, Sexual Abuse/Harrassment/Exploitation, Sexual Exploitation of Minors, Federally Protected Rights, Sexual Conduct with Minors, Sentences - Authorized, Safety Valve, Acceptance of Responsibility, Preservation of Judicial Resources, Legal or Factual Challenges - assertion of

Federal Sentencing Guidelines Undergo Substantial Amendments by David Reutter by David M. Reutter The United States Sentencing Commission (“Commission”) adopted nine amendments to the Federal Sentencing Guidelines (“Guidelines”) that became effective on November 1, 2023. It’s the first action by the Commission since it lost a quorum in early 2019. …

Fourth Circuit Holds Ineligibility for First Step Act Safety Valve Relief Requires Proof of All Three Listed Criminal History Characteristics Satisfied, Widening Circuit Split

Article • June 15, 2023 • from CLN July, 2023

Filed under: First Step Act, Guideline Amendment/Variances and Retroactivity

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

Article • May 15, 2023 • from CLN June, 2023

Filed under: U.S. Sentencing Guidelines, First Step Act, Guideline Amendment/Variances and Retroactivity

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, …

Some Cities Taking Holistic Approach to Public Safety

Article • January 15, 2022 • from CLN February, 2022

Filed under: Safety Valve

Some Cities Taking Holistic Approach to Public Safety by Casey Bastian by Casey J. Bastian More than a year after the killing of George Floyd, an explosion of protests led to an emphasis being placed on changing the way we police our communities. “The systems we’ve got right now in …

Ninth Circuit Announces All 3 Subsections Must Be Satisfied to Deny Safety-Valve Relief Under 18 U.S.C. § 3553(f)(1)

Article • October 15, 2021 • from CLN November, 2021

Filed under: First Step Act, Safety Valve

Ninth Circuit Announces All 3 Subsections Must Be Satisfied to Deny Safety-Valve Relief Under 18 U.S.C. § 3553(f)(1) by Dale Chappell by Dale Chappell In a case of first impression under the First Step Act, the U.S. Court of Appeals for the Ninth Circuit held that the word “and” in …

SCOTUS Holds Ramos’ Unanimous Jury Requirement Is New Procedural Rule and Announces No New Procedural Rule Applies Retroactively on Federal Collateral Review

Article • October 15, 2021 • from CLN November, 2021

Filed under: Procedural Default/Error, Guideline Amendment/Variances and Retroactivity

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 …

Fifth Circuit: Safety Valve Isn’t Up to the Government

Article • November 15, 2020 • from CLN December, 2020

Filed under: Safety Valve

Fifth Circuit: Safety Valve Isn’t Up to the Government by Dale Chappell   by Dale Chappell The U.S. Court of Appeals for the Fifth Circuit held on August 21, 2020, that it’s not up to the Government to determine whether a defendant qualifies for a reduced sentence under the safety …