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…
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…
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…
United States v. Singletary, No. 21-4351, 2023 U.S. App. LEXIS 19775 (4th Cir. Aug. 1, 2023) The U.S. Court of Appeals for the Fourth Circuit concluded that a sentencing judge wasn’t vindictive during resentencing when she considered a prisoner’s bad conduct in prison, plus the various facts of a state case that was resolved after…
By Dale Chappell United States v. Gaulden, No. 22-30435, 2023 U.S. App. LEXIS 17995 (5th Cir. July 14, 2023). A somewhat divided Fifth Circuit made a novel decision July 14, 2023, by holding that a person allegedly violating the law in a video recording possessed by a video company he hired has no expectation of…
Federal Prison Newsletter, Week Ending Apr 28, 2023 Elijah v. Dunbar, No. 21-7352, 2023 U.S. App. LEXIS 9592 (4th Cir. Apr. 21, 2023) Objections to R&R Don’t Have to Be Overly Precise to be Sufficient for De Novo Review Petitioner filed a habeas petition and claimed that the BOP was refusing to apply First Step…
Newsletter, Week Ending Apr 21, 2023 I figured I’d give a rundown of some notable cases I found this week, along with some of my comments. I used to do this but switched to analyzing one case a week to help people use the case for relief. However, there’s too much good stuff out there…
What’s going on with the Supreme Court of the United States (SCOTUS) that makes experts wonder whether the public even trusts this once esteemed institution? Here’s a great article that gives a unique perspective on the problem from a solution-based approach.
Today, June 30, was Justice Stephen Breyer`s last day on the Supreme Court. It`s now the first day that we have a former public defender on the high court, with Ketanji Brown Jackson replacing Breyer. It`s so rare to see public defenders rise through the judicial ranks, and unheard of for them to be considered…
Finding that Hobbs Act robbery is never a “crime of violence” under the U.S. Sentencing Guidelines (USSG), the U.S. Court of Appeals for the Ninth Circuit held on August 16, 2021, that an enhanced sentence based on a prior Hobbs Act robbery conviction wasn`t harmless and remanded for resentencing. Steven Prigan was convicted of being…
