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.
This is the sixth virtual Andrea Taylor Sentencing Advocacy Workshop (SAW).
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:
The Justice Department is directing prosecutors to stop limiting defendants' ability to seek compassionate release in most federal plea agreements, after advocates criticized the practice as cruel and against the intent of Congress (view full article).
The United States Sentencing Commission today released a new report that examines trends in compassionate release during fiscal year 2020 in light of the enactment of the First Step Act of 2018, and the COVID-19 pandemic (view full report).
Today the Supreme Court decided Wooden v. United States, No. 20-5279 (S. Ct. March 7, 2022) soundly tossing out a sentencing enhancement for a Georgia man who was designated a “career criminal” based on his burglary convictions for breaking into a single mini-storage facility and stealing items from 10 separate storage units. Previous coverage available here and here.