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Category: Blog

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

July 3, 2023
Federal Reading List for Week of June 30, 2023

This is the Federal Reading List, a group of odds and ends that we want to at least let the public know about. The best way to reform prisons is to reduce their populations (Washington Post Opinion) A former incarcerated person offers a solution. Going forward, the Bureau of Prisons should adopt policies to align […]

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July 3, 2023
What the Major 2024 Political Candidates are Saying about Criminal Justice

The Law Office of Jeremy Gordon is not political organization, but neither does criminal justice operate in a vacuum. When major political candidates say things about criminal justice, readers should know. Here, we will keep a running tally of what major political candidates say.  "Major" is a fluid term and may change as the political […]

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June 30, 2023
Tenth Circuit Corrects Court for Failing to Consider Downward Sentencing Guideline Lee

United States v. Lee, No. 21-6167 (10th Cir. 2023) Lee was charged in the state with feloniously pointing a firearm, kidnapping, sexual batter, and possession of a firearm after conviction for a felony. He pled guilty to the felon in possession charge and the state court sentenced him to 84 months. It also dismissed the […]

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June 30, 2023
Second Circuit Clarifies Inevitable Discovery Doctrine: Lauria (Molina)

Moilina's Motion to Suppress Molina was tried and convicted of conspiracy to commit substantive Hobbs Act robbery and brandishing a firearm in connection with a crime of violence. Prior to trial, Molina moved to suppress evidence obtained from several warrants authorizing collection of cell-site location information (CSLI). He argued that the affidavits used to support […]

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June 29, 2023
Supreme Court Makes Important Ruling for 2241 Motions and Savings Clause: Jones

The Supreme Court made an important ruling in Jones v. Hendrix. This ruling effectively ended the litigation over the Savings Clause and made circumstances more difficult for incarcerated persons where subsequent non-retroactive changes in the law may have previously made them innocent. Syllabus of Jones v. Hendrix  No. 21–857. Argued November 1, 2022—Decided June 22, 2023  […]

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June 20, 2023
Federal Reading List for Week of June 24, 2023

This is the Federal Reading List, a group of odds and ends that we want to at least let the public know about. Fact Sheet on President Biden’s Safer America Plan President Biden has published a fact sheet on his Safer America Plan. Here is the introduction: President Biden knows what works to make our communities safer: […]

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June 19, 2023
Supreme Court Makes Crucial Agg ID Theft Ruling: Dubin

Syllabus: United States vs. Dubin, 22-10 Petitioner David Dubin was convicted of healthcare fraud under 18 U. S. C. 1347 after he overbilled Medicaid for psychological testing performed by the company he helped manage. The question is whether, in defrauding Medicaid, he also committed “[a]ggravated identity theft” under 1028A(a)(1). Section 1028A(a)(1) applies when a defendant, “during […]

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May 26, 2023
Tenth Circuit Vacates Sentence After Insufficient Information About Enhancement: Brooks

Brooks was charged in a two-count indictment with being a felon in possession of ammunition and a firearm. A superseding indictment was filed which charged him with one count of witness tampering. Brooks proceeded to trial and was found guilty on the possession of ammunition and witness tampering charges but acquitted of the firearm count. […]

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April 24, 2023
Federal Criminal Legislative Tracker for 2023-2024 Congressional Term

Senate Judiciary leaders have reintroduced Criminal Justice Reform Bills into the Senate Judiciary Committee. These bills were previously introduced into the Senate where they went nowhere. It is unclear what will happen to these bills here, as the makeup of the Senate is almost the same as it was last year and the House of […]

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March 24, 2023
Fourth Circuit Vacates Sentence Despite Anders Brief

United States v. Carter, No. 21-4689 (4th Cir. 2023) Carter pled guilty to bank fraud and aggravated identity theft pursuant to a plea agreement. The district court sentenced carter to 87 months imprisonment and five years of supervised release. On appeal. Carter’s counsel filed a brief pursuant to Anders v. California, stating that there were […]

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