Category: Blog

Partial Denial of 2255 is reversed by the Eleventh Circuit due to ineffective assistance of counsel for Hesser. Case History In 2013, Hesser went to trial on three counts of tax fraud, in violation of 18 U.S.C. 287.  He also had one count of tax evasion, in violation of 26 U.S.C. 7201. A jury convicted […]

In Goliday, the Seventh Circuit vacated the guilty plea because of Rule 11 violations. United States v. Goliday, No. 21-1326 (7th Cir. 2022) History of Goliday's Case Goliday was charged in a superseding indictment with three counts of possession with intent to distribute fentanyl, methamphetamine, and cocaine base, in violation of 21 U.S.C. 841(a)(1). He […]

United States v. Lesane, No. 20-7144 (4th Cir. 2022) Lesane was convicted in 2003 for being a felon in possession of a firearm, in violation of 18 U.S.C. 922(g). Years later, Lesane filed a petition for writ of coram nobis in the Eastern District of North Carolina arguing that he was actually innocent of the […]

In United States vs. Chappelle, the Second Circuit held that Substantive Hobbs Act Robbery was not a crime of violence for the career offender enhancement. Chappelle's Crime and Sentencing Chappelle was charged in a three-count indictment with conspiracy to distribute narcotics, in violation of 21 U.S.C. 846 and 841, conspiracy to commit Hobbs Act robbery, in […]

We are pleased to report that one of our 3582 "compassionate release" motions were granted for a person who had "stacked 924c" offenses. Hudec's Original Sentence Darrell Hudec was originally sentenced to 480 months in federal prison for several offenses.  His sentence included 300 months for firearms offenses under 924(c).  At the time Hudec was […]

The United States Sentencing Commission has published a study titled "What Do Federal Fireams Offenses Really Look Like." You can find the cover page here and the report here. Sentencing Study Overview (Published July 14, 2022)  This report provides in-depth information on federal firearms offenders sentenced under the primary firearms guideline, §2K2.1. The Commission has published reports […]

The United States Sentencing Commission has published a study titled "Federal Sentencing and Illegal Reentry: The Impact of The 2016 Guideline Amendment." You can find the cover page here and the study here. Sentencing Study Overview (Published July 20, 2022)  In 2016, the United States Sentencing Commission promulgated an amendment that comprehensively revised the guideline covering […]

In Shaw, the Seventh Circuit held that a sentence that was in order to promote rehabilitation was improper. Shaw's Underlying Crime and Supervised Release Troubles Shaw pled guilty to possessing with intent to distribute cocaine base, in violation of 21 U.S.C. 841(a)(1) and (b)(1)(A), and being a felon in possession of a firearm, in violation of […]

The U.S. Sentencing Commission published the latest report from its recent series on recidivism of federal offenders released in 2010.  I believe that this is an important study for those who are seeking compassionate release among other things. About The Bureau of Prisons Drug Abuse Programs Recidivism and Federal Bureau of Prisons Programs: Drug Program Participants […]

The Federal Bureau of Prisons has published a new male PATTERN Risk form. Over the next few days we will break down what that means. What is PATTERN? This is what we indicated PATTERN was in our blog explaining the impact of the FIRST STEP ACT one year after its passage: A significant part of […]