Sentencing

Is it okay for a criminal-defense counsel to tell his (Black) client that if he goes to trial, the jury "would be culled of any minorities" and he'd be tried before an all-white jury? Tenth Circuit: No, it is definitely not okay. And given that misrepresentation about the right to a fair and impartial trial, the client's resulting guilty plea can't be said to have been knowing and voluntary. He gets to withdraw his guilty plea.

The U.S. Senate voted Tuesday evening to confirm President Biden's pick for a seat on the bench in the U.S. District of Oregon (view full article).

Federal prosecutors in New York on Wednesday announced the arrest of the first five people to face criminal charges arising out of an ongoing investigation into the widespread theft of $1 million worth of checks since 2021 intended for court-appointed lawyers (view press release).

“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. 

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.

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).

The full U.S. Senate on Tuesday approved Judge Melissa R. DuBose’s historic nomination as the first person of color and first openly LGBTQ judge to serve on the U.S. District Court for Rhode Island (view full article).

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.

The bipartisan United States Sentencing Commission voted unanimously today to prohibit conduct for which a person was acquitted in federal court from being used in calculating a sentence range under the federal guidelines (view USSC press release).

“Not guilty means not guilty,” said Commission Chair Judge Carlton W. Reeves.

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).