Is Someone ‘In Custody’ if they Must Register as a Sex Offender? The Question is Before the Supreme Court
There’s no argument that having to register as a sex offender causes a severe burden on someone. But does that burden equate to that person being in custody for federal habeas corpus purposes? The federal courts of appeals are divided over this question, and now it has landed before the Supreme Court. Will they settle the debate? So far, the Court has ordered the government … Continue reading Is Someone ‘In Custody’ if they Must Register as a Sex Offender? The Question is Before the Supreme Court
Federal Court of Appeals Reaffirms that Judicial Participation in Plea Negotiations Best Saved for Section 2255 Motion, Not Direct Appeal
Any allegation that a judge was involved in the plea negotiations is very serious. It suggests the judge may have gone outside the bounds of proper judicial conduct by making or saying inappropriate things during the plea-bargaining process. Federal Rule of Criminal Procedure 11 (Rule 11) lays out the procedural requirements for accepting guilty pleas, so let’s look into this claim further. The goal of … Continue reading Federal Court of Appeals Reaffirms that Judicial Participation in Plea Negotiations Best Saved for Section 2255 Motion, Not Direct Appeal
When Should a Court Allow an Amendment to a Civil Claim in Federal Court? Whenever it Relates Back, and that Happens More Often than Not.
It is well established that once the one-year deadline is up for a movant filing to vacate their conviction in federal court under 28 U.S.C. § 2255, no new claims can be raised unless they “relate back” to the original claims in the motion. However, this rule is liberally applied to pro se litigants, and a court usually allows amended claims unless they clearly don’t … Continue reading When Should a Court Allow an Amendment to a Civil Claim in Federal Court? Whenever it Relates Back, and that Happens More Often than Not.
Federal Court Tosses Evidence in Child Porn Case Obtained Under Defective Search Warrant
It’s been said that a prosecutor could convince a grand jury to indict a ham sandwich, and this case proves that a cop could similarly convince a judge to grant a search warrant without any probable cause. Thankfully, a federal judge put a stop to it, although a bit too late. The Cops Came Knocking The case involved some disturbing facts about child exploitation, mainly … Continue reading Federal Court Tosses Evidence in Child Porn Case Obtained Under Defective Search Warrant
Federal Court Overturns Firearm Convictions, Despite Leaving Life Sentences Intact
Even though a federal court upheld a prisoner’s life sentence for a RICO murder conviction, it still granted postconviction relief and vacated two illegal convictions for use of a firearm in furtherance of a crime of violence, in light of some recent Supreme Court decisions. Delroy Lee was convicted by a jury of numerous federal crimes, including attempted robbery and murder while using a firearm, … Continue reading Federal Court Overturns Firearm Convictions, Despite Leaving Life Sentences Intact
Can a Felon Use a Gun in Self-Defense? A Federal Court of Appeals Hints Yes
A federal court has held that a person who is a felon still has the right to argue self-defense with a firearm, despite the fact that he is a convicted felon who cannot possess a firearm under federal law. The court’s decision overturned the lower court’s conclusion that a felon doesn’t have the right to protect himself with a firearm because of the mere fact … Continue reading Can a Felon Use a Gun in Self-Defense? A Federal Court of Appeals Hints Yes
Federal Court of Appeals Tosses Gun Conviction, Finds No Reasonable Suspicion for Arrest
The U.S. Court of Appeals for the Fourth Circuit held that a man with a sagging sweatshirt acting suspiciously was not enough for “reasonable suspicion” to allow an arrest, agreeing that the evidence in the case should have been suppressed and vacated the conviction. He was thought to be a robbery suspect by a man who saw Daniel Critchfield coming from the area of an … Continue reading Federal Court of Appeals Tosses Gun Conviction, Finds No Reasonable Suspicion for Arrest
Federal Prison Newsletter End of August 2023
Here are some favorable cases in the federal courts this last week of August that may help out some people in federal prison. United States v. Thomas-Mathews, No. 21-1824, 2023 U.S. App. LEXIS 22464 (6th Cir. Aug. 25, 2023) Some judges can’t get out of the erroneous “crack is worse” way of thinking that got us into this mess. HOLDINGS: [1]-Where defendant pleaded guilty to … Continue reading Federal Prison Newsletter End of August 2023
Federal Prison Newsletter Week of Aug 17
Quite an active week for 2255 motions! Here’s a rundown of some cases I found that could be helpful to those seeking relief from wrongful convictions and sentences. As always, hit me up if you want to talk about pursuing relief. I’ve got a ton of info on postconviction relief from my books that I can share with you. Lack of Knowledge of State Indictment … Continue reading Federal Prison Newsletter Week of Aug 17
Illinois Prior Look-Alike Drug Conviction No Good for Career Offender
Elion v. United States, No. 20-1725, 2023 U.S. App. LEXIS 20286 (7th Cir. Aug. 7, 2023) After Otis Elion pleaded guilty to distributing methamphetamine, a federal district court sentenced him as a career offender under U.S. Sentencing Guideline § 4B1.1. Elion’s attorney did not challenge that designation, and the court imposed a 167-month prison term. Through a motion under 28 U.S.C. § 2255, Elion argued … Continue reading Illinois Prior Look-Alike Drug Conviction No Good for Career Offender