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Sentencing

SCOTUS Denies Ghislaine Maxwell’s Cert Petition

Today, the United States Supreme Court denied Ghislaine Maxwell’s petition for certiorari. Maxwell v. United States, No. 24-1073 (U.S. Oct. 6, 2025) (cert. denied). Maxwell presented this question for review: under Santobello v. New York and common principles of contract interpretation, does a promise on behalf of the ‘United States’ or the ‘Government’ that is made by a United States Attorney in one district bind federal prosecutors in other districts?

Third Circuit Vacates Restitution For Gun Store Thefts

Pennsylvania man stole 69 guns from gun stores—but says the restitution order stole from him, charging double for the same guns. After winning an earlier Third Circuit challenge to a restitution award of approximately $70,000, he was then ordered to pay $57,000. Man: still too much. Third Circuit: Totally agree. Restitution can cover the guns' value but not lost sales on top. Victims get made whole, not paid twice or for “consequential damages.”

Florida Logs Record 12th Execution This Year

Florida executed David Pittman, 63, by lethal injection on Wednesday in what was a record 12th execution in the state this year.  Before 2025, Florida’s highest number of executions  was eight in 2014. Two more Florida executions are scheduled for this fall: Victor Tony (Sept. 30) and Samuel Lee Smithers (Oct. 14). 

So far 31 people have been executed in the U.S. to date this year, with Florida leading the nation on a flurry of death warrants signed by DeSantis, who has signed more warrants than any of his predecessors.

Sentence Impacted Individuals Appointed to New USSC Advisory Group

Today, Judge Carlton W. Reeves, Chair of the U.S. Sentencing Commission, announced the appointment of nine individuals to serve on the newly established Sentence Impact Advisory Group (SIAG).  Advisory groups provide Commissioners with important perspectives that help them in policy making and ensure fairness in federal sentencing.  The newly appointed SIAG members include those individuals who have been impacted by federal sentencing or have family members that have been.

Tenth Circuit Reverses Forfeiture Award: Govt Can't Take Property Owned By Third Party

Utah man pleads guilty to operating an unlicensed money transmitting business and agrees to criminally forfeit a lot of land. Uh oh! It's not his land, but rather is owned by a friend and former employee—though it was partially paid off with tainted money from the criminal enterprise. Tenth Circuit (over a dissent): The gov't may have had other ways to get at tainted proceeds, but taking land that was always owned by a third party isn't one of them.