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Category: Blog

From case law developments to perspectives to news, you'll find it here.

December 8, 2023
Second Circuit Overturns Drug Conviction: Gillon & Aguirre

In a recent legal development, the Second Circuit Court has taken action in the case of Gillon and Aguirre.  Both convicted of possession with intent to distribute drugs. The court's decision, which involves the application of the Double Jeopardy Clause, has significant implications for their sentences. Let's break down the details in simpler terms. The […]

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November 30, 2023
Certiorari for ACCA Sentencing Granted: Erlinger v. United States

In a significant grant of certiorari for ACCA sentencing, the Supreme Court has chosen to hear the case Erlinger v. United States.  When the Court grants certiorari, it means they are committing to hear and decide on a case. Understanding this process, it's noteworthy that out of over 7,000 cases presented each year, the Court selects […]

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November 30, 2023
Clemency Education: Empowering Change in Federal Prisons

In a significant step towards transparency and clemency education, Pardon Attorney Elizabeth Oyer and her dedicated team recently visited the Federal Correctional Institution (FCI) Petersburg in Virginia. This Federal Bureau of Prisons (FBOP) facility houses both medium and low-security units for men, along with an adjoining minimum-security camp. This visit, part of a quarterly series, […]

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November 15, 2023
Decoding the De La Cruz Nava Case

A twist in case of a trial conviction reversal. In a recent legal development, the case of De La Cruz Nava, charged with conspiracy to distribute methamphetamine, money laundering, and firearms possession related to drug trafficking, took an unexpected turn. Despite her conviction after a jury trial, the Eighth Circuit has reversed and remanded the […]

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November 15, 2023
Obstruction of Justice in Martinez-Hernandez

In a recent legal development, the Fifth Circuit vacated the sentence of an individual, Martinez-Hernandez, who was convicted of transporting undocumented immigrants into the United States. The case centered around two key issues: an enhancement for obstruction of justice and a denial of a reduction for acceptance of responsibility. Willful Obstruction of Justice Martinez-Hernandez received […]

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November 15, 2023
Search & Seizure in Meeks Case

In a recent legal case regarding search and seizure, the Eleventh Circuit made a significant decision in the matter of United States v. Meeks. The case involves a situation where a police officer's mistake of fact led to a traffic stop, raising questions about the protection offered by the Fourth Amendment. Case History Here's what […]

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October 24, 2023
Prison Policy Institute Asks Prison to Stop Scanning Mail

The Prison Policy Initiative (PPI), a Massachusetts-based non-profit organization, is urging the Washington state government to reconsider its prison mail scanning policies. These policies, in place since October 2021, involve the digitization of personal mail, which is then viewed by inmates via kiosk or tablet. While the Department of Corrections says the policy is for […]

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September 27, 2023
Correctional Crisis: Chronic Understaffing at FCC Pollock Despite Federal Aid

KALB repots that the Federal Correctional Complex in Pollock continues to grapple with significant understaffing issues a year after initial reports highlighted the problem. The complex, which houses 2,700 inmates across three facilities, currently employs 283 correctional officers, resulting in an overreliance on overtime shifts. “At this point, there’s no end in sight,” said Thomas […]

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August 14, 2023
Court of Appeals Vacates Sentence Based on Belief that Guidelines Require Consecutive Sentence: Lanier

Lanier was initially convicted of three counts of conspiracy to commit Hobbs Act robbery, in violation of 18 U.S.C. 1951(a), and three counts of brandishing a firearm during and in relation to a crime of violence, in violation of 18 U.S.C. 924(c). He was sentenced to 946 months imprisonment by the district court. However, following […]

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August 3, 2023
United States Sentencing Commission Studies and Research in the Year 2023

The United States Sentencing Commission has published several studies and other research about their sentencing in the year 2023. Here is a compilation of those studies. Quick Facts on Career Offenders, FY 2021 95.7% of career offenders were men. 58.2% of career offenders were Black, 25.5% were White, 13.8% were Hispanic, and 2.5% were Other […]

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