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Sentencing

Indictment Dismissed for Selective Prosecution of Black Drivers

“Black drivers have a problem in Richmond, Virginia. Richmond Police Department (‘RPD’) officers stop Black drivers five times more frequently than white drivers.” 

These are the opening lines in United States v. Kieth Moore, No. 3:21-cr-00042 (E.D.V.A. Feb. 12, 2024), dismissing an indictment for felon-in-possession of a firearm after finding that Mr. Moore had proven selective prosecution involving RPD traffic stops. 

Artificial Intelligence and Wrongful Arrests

The use of artificial intelligence (AI) in law enforcement investigations continues to put innocent people, especially innocent people of color, at risk of wrongful arrest. Artificial intelligence technologies are being developed and implemented by law enforcement agencies across the country. Police increasingly use AI tools to surveille communities, investigate crimes, and collect large amounts of data related their targets. However, with this increased use of AI in policing, comes a growing number of innocent people being wrongfully arrested.

U.S. Sentencing Commission Releases 2023 Federal Sentencing Statistics Sourcebook

The 2023 Sourcebook of Federal Sentencing Statistics is now available, comprising a compilation of data collected from the 300,000+ sentencing documents submitted to the United States Sentencing Commission by federal courts nationwide.

This Sourcebook, together with the 2023 Annual Report, constitutes the annual report referenced in 28 U.S.C. § 997, as well as the analysis, recommendations, and accounting to Congress referenced in 28 U.S.C. § 994(w)(3).

Supreme Court Denies 'Thousands' A Chance At Shorter Sentences

The Supreme Court on Friday dealt a blow to potentially thousands of federal prison inmates by ruling against a convicted drug dealer seeking a shorter sentence under a 2018 law.

The issue involved how to read a “safety valve” in federal criminal sentencing laws, which allows defendants to avoid the often lengthy mandatory minimum sentences scattered throughout the federal criminal code. The safety valve requires the defendant to satisfy a laundry list of each of five separate rules.

President Biden Historic Nomination of Native American For Montana Federal Judge

On April 24, 2024, President Joseph R. Biden nominated Danna Jackson to serve as a federal judge in the United States District Court for the District of Montana. If confirmed , Jackson would be the first American Indian, Alaska Native, or Native Hawaiian to serve as a federal judge in Montana (view full article).

Second Circuit Denies Feds' Bid To Tweak Ruling On Drug Schedule

Feds: Hey Second Circuit, could you issue a revised opinion in this drug sentencing case to make non-precedential a December opinion that found the federal controlled substances list was narrower than New York state's? We want you to make clear that the part that could help out future New York criminal defendants was dictum. Second Circuit: Dictum? We hardly know 'em! (Which is more substantive legal analysis than your bad-faith argument deserves.) We said what we said. And what we said is our holding.

Pennsylvania Governor Blocks Death Penalty, Calls For Repeal

Gov. Josh Shapiro said Thursday he will not allow Pennsylvania to execute any inmates while he is in office and called for the state’s lawmakers to repeal the death penalty (view full article).

Shapiro, inaugurated last month, said he will refuse to sign execution warrants and will use his power as governor to grant reprieves to any inmate whose execution is scheduled.