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…
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…
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….
United States v. Gaye, No. 22-251, 2023 U.S. App. LEXIS 20157 (2d Cir. Aug. 4, 2023) In 2019, Gaye’s encounters with the law led to a supervised release violation and another six-month prison term, followed by four years of supervised release. In 2021, he once again breached the terms of his supervised release, resulting in…
United States v. Gamez, No. 22-2278, 2023 U.S. App. LEXIS 20713 (7th Cir. Aug. 9, 2023) Is Indiana Arson a Violent Felony for ACCA? Sergio Gamez received a 15-year sentence for being a felon in possession of a firearm. This sentence was a result of the district court’s application of the Armed Career Criminal Act’s…
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…
United States v. Singletary, No. 21-4351, 2023 U.S. App. LEXIS 19775 (4th Cir. Aug. 1, 2023) Fourth Circuit: Claim of Judicial Vindictiveness Bypasses any Appeal Waiver The U.S. Court of Appeals for the Fourth Circuit held on August 1, 2023, that a claim of judicial vindictiveness at sentencing bypasses any appeal waiver in a plea…
United States v. Miles, No. 21-12609, 2023 U.S. App. LEXIS 19662 (11th Cir. July 31, 2023) In a case of first impression, the U.S. Court of Apeals for the Eleventh Circuit held on July 31, 2023, that a conviction for possessing an ingredient to manufacture methamphetamine was not a valid prior conviction for purposes of…
Here’s rundown of some favorable decisions for the week. United States v. Evans, No. 22-1195, 2023 U.S. App. LEXIS 18810 (7th Cir. July 24, 2023) Evans twice sold heroin to a confidential source (50 grams, 125 grams). Officers stopped Evans 30 minutes later and found cash from the controlled purchase, methamphetamine, two handguns, and ammunition….
The Supreme Court has relisted five cases a second time now. And they are joined by an additional eight cases raising the same (or closely analogous) issues. We’ll find out soon how lucky these 13 petitions are. Lots of you have asked me about what’s going on with judges using acquitted conduct to enhance federal…
