Category: Blog

In United States vs. Michael Scripps, No. 18-2663, the Third Circuit held that a 2255 required an evidentiary hearing when there was no justification on the record as to why Appellate Counsel did not make arguments about the lack of allocution.

Failure to inform a defendant that knowledge of his status of a prohibited person when he possessed the weapon was structural error.

In United States vs. Alam, the 6th Circuit upheld a dismissal of a compassionate release case for failure to wait 30 days.

Young was sentenced to 60 months of incarceration for a heroin case in 2019. In 2020 he filed a motion for compassionate release stating that he is at high risk of death if he catches COVID-19.

All, the Fourth Circuit made an important decision regarding sentencing in Chambers. This will be important to those of you who are still engaged in post-conviction sentencing litigation.

In United States vs. Fischman, 4:16-cr-00246-HSG, the Northern District of California determined a way that an inmate can receive 3582 relief even when they are COVID-19 positive

In US vs. Holloway, an important determination eligibility under First Step Act's Retroactive Application of the Fair Sentencing Act of 2018.

In US v. Huntley, the District of Columbia granted 3582 Compassionate Release relief to a COVID-19 Positive Inmate.

Gravatt allows a person’s claim to go forward when their conspiracy includes a “covered offense” under the Fair Sentencing Act as well as an offense that was not covered by the FIRST STEP Act.

United States vs. Kelly is important because he had no CDC risk factors and was seeking to bypass his administrative remedies.