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Sentencing

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.

SCOTUS Grants Cert on Grounds Supporting Compassionate Release

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.”

Ninth Circuit Gives Crypto Extortion Victims Another Chance At Restitution

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.

Officer Convicted of Felony Excessive Force Allowed To Plead To Misdemeanor

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. 

Bureau of Prisons Issues New Directive To Expand Halfway House Releases

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.”