Yesterday, the Supreme Court granted certiorari in Fernandez v. United States, No. 24-556 (May 27, 2025) (cert. granted), to decide “whether a combination of ‘extraordinary and compelling reasons’ that may warrant a discretionary sentence reduction under 18 U.S.C. § 3582(c)(1)(a) can include reasons that may also be alleged as grounds for vacatur of a sentence under 28 U.S.C. § 2255.”
Perpetrators of cryptocurrency theft and extortion are convicted and ordered to pay $83,000 restitution. Oops! The gov't requested restitution for the victims in amounts equal to the value of the crypto when it was stolen, not its much-higher value at the time of sentencing. District court: My hands are tied. Ninth Circuit: Not that tightly.
Los Angeles sheriff's deputy Trevor Kirk is convicted of a federal felony for using excessive force by a jury, but the new administration petitions the court to reduce his offense to a misdemeanor. It does, and the officer is sentenced to four months. Can the victim oppose the reduction? Ninth Circuit: Our hands are tied.
The Federal Bureau of Prisons (BOP) has issued a press release about an internal memorandum to all wardens in the BOP stating, “To be clear, FSA [First Step Act] and SCA [Second Chance Act] authorities are cumulative and shall be applied in sequence to maximize prerelease custody, including home confinement (HC). Residential Reentry Center (RRC) bed availability/capacity shall not be a barrier to HC when an individual is statutorily eligible and appropriate for such placement.”
This morning, by vote of 7 to 2, the Supreme Court held that a district court considering whether to revoke a defendant’s term of supervised release may not consider §3553(a)(2)(A), which covers retribution vis-à-vis the defendant’s underlying criminal offense. Esteras v. United States, No. 23-7438 (June 20, 2025).
U.S. Sentencing Commission issues a policy statement in 2023 that a non-retroactive change in the law can present an "extraordinary and compelling" reason warranting a sentence reduction if it results in old inmates serving much longer sentences than new inmates who committed the same crimes. Multiple inmates seek compassionate release under the new policy statement.
Today, the United States Sentencing Commission voted unanimously to publish amendments to the federal sentencing guidelines for the amendment cycle ending May 1, 2025. These amendments update a range of guidelines provisions, including those related to supervised release, drug trafficking, and firearms offenses. “The policies issued today are bipartisan, common-sense ideas that will protect public safety, reduce recidivism, and facilitate rehabilitation,” said Judge Carlton W. Reeves, Chair of the Commission.
Today’s amendments will improve federal sentencing by:
Man in Puerto Rico charged with machine-gun-possession pleads guilty with an advisory prison range of 24 to 30 months. At sentencing, man request 24 months. Prosecutor requests 30 months. District court: Convinced that neither party's suggested sentence "reflects the seriousness of the offense, promotes respect for the law, protects the public from further crimes" imposed a prison sentence of 48 months — 18 months more than the top of the recommended sentencing range. First Circuit: Not so.
Although the United States Sentencing Commission lost a voting quorum shortly after enactment of the First Step Act in December 2018--and cannot amend the Guidelines without four commissioners--the Commission continues to do research and generate a wide range of reports. This week the Commission released its regular annual review of federal criminal case data in a report titled Overview of Federal Criminal Cases, Fiscal Year 2021.
Today, in the first use of his clemency power, President Biden granted clemency to 78 people, including three pardons and 75 communtations. The Statement by President Joe Biden on the Clemency and Second Chance Month begins with these words: