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Sentencing

Real-Time Crime Index Available Online

AH Datalytics has launched a “Real-Time” crime index, (RTCI), online. (access index). AH Datalytics launched the real-time crime index in an effort to “aid in the need for a faster understanding and visualization of national, state, and local crime trends.” AH Datalytics acknowledges certain crime data is under-reported to police and agencies can fail to provide complete or accurate information.

Eleventh Circuit Finds "Physically Restrained" Enhancement Applies Without Restraint

Man: The enhancement that led to my 13-year prison sentence finding pointing a gun meant I "physically restrained" the convenience store cashier is wrong. Eleventh Circuit: Not wrong. Concurrence 1: Not wrong, but only because of our dumb prior caselaw which we have to follow "even if we disagree with it or think that prior panels have overlooked important arguments." Concurrence 2: I welcome our new AI overlords' help in this case.

Second Circuit Upholds Removal and Illegal Re-Entry Law Despite Racist Roots

Ecuadoran national challenges his conviction for illegal reentry into the United States on the grounds that his initial removal was unlawful and the prohibition on reentry was enacted for super racist reasons. Second Circuit: His initial removal was lawful. And though the law's legislative history contains some shocking comments—heck, one legislator observed in 1952, "though I am not a follower of Hitler . . . there is something to it"—those views can't be attributed to all of Congress.

Leslie E. Scott Named Director of National Sentencing Resource Counsel

Leslie E. Scott has been selected to serve as the National Sentencing Resource Counsel’s new Director. Scott joined SRC in 2022. Prior to joining SRC, Scott worked in academia as an associate professor at the University of Detroit, Mercy School of Law. Scott also served our community as an assistant federal defender in the Western District of New York and a law clerk in the U.S. District Court for the Eastern District of Michigan and the D.C. Court of Appeals. Scott is an alumnus of the American University, Washington College of Law, and the University of Michigan.

Government Accountability Office Releases Data on Federally Sentenced Non-Citizens

Of the 64,124 cases reported to the United States Sentencing Commission in fiscal year 2023, 21,504 involved non-U.S. citizens. Non-U.S. citizens accounted for 33.7% of all individuals sentenced in fiscal year 2023.

This Government Accountability Office report provides publicly available information on incarcerations of non-citizens in the U.S., not just federal facilities.