Sentencing

When you start this D.C. Circuit opinion about a January 6 defendant's sentence, you might think it's about the Capitol riots. You will be disappointed (or delighted) to learn that it's actually a grammar lesson, complete with diagramed sentences. Seriously. Conclusion: This fellow can't be sentenced to both prison and probation for the same petty offense. Nice try on trying to “sidestep[] the bar on supervised release for petty offenders,” and “subject[] petty offenders to a term of post-confinement monitoring five time longer than the term imposed on some felons.” Dissent: C'mon!

Today the Sentencing Commission allowed for delayed retroactive application of Amendment 821 relating to criminal history—meaning that certain currently incarcerated individuals could be eligible for reduced sentences made effective beginning on February 1, 2024 (access unofficial text).

A leader of the Seattle-area, Washington chapter of the far-right extremist group Proud Boys was sentenced to 18 years in prison and three years of supervised release on Friday for his role in the Capitol riot on Jan. 6, 2021 (access full article).

Yesterday, the United States Sentencing Commission released a new 30-page report titled Federal Escape Offenses, available here. This report provides the characteristics of individuals convicted of escape, then chronologically examines their criminal histories before the instant offense through their criminal behavior while on escape status. It also examines their alleged criminal behavior after being released into the community.

Mr. Kenneth Smith was executed by the state of Alabama and died at 8:25 p.m. CST on January 25, 2024. This was Alabama’s second attempt to execute Mr. Smith. His last words were “‘Tonight, Alabama caused humanity to take a step backwards. . . . I'm leaving with love, peace and light. Thank you for supporting me, love all of you.’”