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Sentencing

Missouri Executes Amber McLaughlin, First Known Transgender Person

Missouri carried out the first execution of an openly transgender woman in the history of the United States on Tuesday (access full article).

McLaughlin’s execution – the first in the US this year – is unusual: Executions of women in the United States are already rare. Prior to McLaughlin’s execution, just 17 had been put to death since 1976.

Court Rejects Meth Sentencing Guidelines As Too Harsh

A Mississippi federal court declared opposition to federal sentencing guidelines for methamphetamine offenses, and sentenced an admitted drug offender lower than prescribed by the U.S. Sentencing Commission’s guidelines.

Citing DEA date, the court rejected the guidelines' reasoning that purer methamphetamine is indicative of a defendant’s role in criminal drug trafficking because it is not based on empirical data. This reasoning is “divorced from reality.”

Fourth Circuit Reverses Denial of Compassionate Release and Orders 20-year Reduction

Yesterday, the Fourth Circuit reminded us once again that “extraordinary and compelling reasons” sufficient to justify compassionate release under the First Step Act are not limited to COVID-19 and medical issues.  In United States v. Brown, No. 21-7752 (4th Cir. Aug. 16, 2023), a split panel of the Fourth Circuit reversed the denial of compassionate release based on stacked § 924(c) convictions and ordered a 20-year reduction in sentence.