Top News
The U.S. Sentencing Commission’s 2024 Proposed Amendments to the Guidelines
| In the News, Sentencing, Top News
Late last month, the U.S. Sentencing Commission delivered its annual proposed amendments to the Federal Sentencing Guidelines. Accordingly, we’ve broken down the most significant changes, including a new prohibition on increasing a defendant’s sentence based on acquitted conduct, an amendment reinforcing the availability of intended loss and unlawful gain as measures for calculating a defendant’s loss amount, clarifying amendments regarding certain firearm enhancements, and a new downward departure for youthful offenders.
GUEST BLOG: Breaking Down the US Sentencing Commission’s Proposed Guidelines Amendments for 2024
| In the News, Sentencing, Top News
Zachary Newland of Newland Legal provides a detailed breakdown of the U.S. Sentencing Commission’s proposed amendments to the Guidelines, which will be incorporated into the 2024 Guidelines Manual.
GUEST BLOG: Breaking Down the Recent Amendments as Incorporated in the 2023 Federal Sentencing Guidelines
| In the News, Sentencing, Top News
Zachary Newland of Newland Legal provides the Federal Docket with a detailed breakdown of the most important amendments to the Guidelines, as incorporated in the 2023 Federal Sentencing Guidelines.
Recent Supreme Court Opinions
Hewitt v. United States (U.S. Supreme Court, June 2025)
| Appellate Procedure, Recent SCOTUS Cases, Section 924(c), Sentencing, Supreme Court Opinions
In a 5-4 opinion, the Supreme Court held that the First Step Act’s reduced penalties for § 924(c) offenses apply at a defendant’s resentencing when the defendant’s prior sentence has been vacated. The Court reasoned that a vacated sentence is a sentence that “has not been imposed” within the meaning of § 403(b).
Esteras v. United States (U.S. Supreme Court, June 2025)
| Recent SCOTUS Cases, Revocation Proceedings, Supervised Release, Supreme Court Opinions
In a 7-2 opinion, the Supreme Court reversed a revocation sentence, holding that courts may not consider retribution (the need for the sentence imposed “to reflect the seriousness of the offense, promote respect for the law, and provide just punishment for the offense”) when deciding whether to revoke a defendant’s supervised release under 18 U.S.C. § 3583(e).
Kousisis v. United States (U.S. Supreme Court, May 2025)
| Fraud Cases, Recent SCOTUS Cases, Supreme Court Opinions
In a 7-2 opinion, the Supreme Court held that a defendant who induces a victim to enter a transaction under materially false pretenses may be convicted of wire fraud even if he did not seek to cause economic loss.
Recent Circuit Court Opinions
United States v. Soler-Montalvo (1st Cir. August 2022)
| Expert Witnesses, First Circuit, Recent Circuit Cases, Sex Offenses
The First Circuit vacated a defendant’s conviction for attempted coercion and enticement of a minor. The Court held that the trial court erred in excluding certain expert testimony from a clinical psychologist. While the trial court had allowed the witness to testify as an expert in the field of internet sexual behaviors, it erred in prohibiting the witness from opining on the defendant’s internet chats and whether chats like his met the pattern shown by child predators who communicate with minors online.
United States v. Rivera-Ruiz (1st Cir. August 2022)
| First Circuit, Recent Circuit Cases, Sentencing
The First Circuit vacated the sentence of a former police officer convicted of RICO conspiracy. The Court held that the district court erred in considering the PSR’s mere mentioning of the defendant’s prior administrative complaints, without more to substantiate them, as a basis for an upwards variance from the Guidelines.
United States v. Petties (4th Cir. August 2022)
| Appellate Procedure, Career Offender, Fourth Circuit, Guilty Pleas, Recent Circuit Cases, Sex Offenses
The Fourth Circuit vacated a defendant’s convictions for committing a crime of violence while failing to register as a sex offender. The Government dismissed other charges against the defendant and allowed him to plead guilty to one charge conditionally so he could appeal whether his underlying kidnapping offense was a “crime of violence,” and after an intervening opinion held that kidnapping isn’t, the Court held that the district court erred in allowing the Government to reinstate the original charges against the defendant since the Government was still bound by its prior plea agreement.
The Federal Docket
The Federal Docket is a monthly newsletter providing lawyers and the community a summary of recent important decisions in the area of federal criminal law from the United States Supreme Court and the Circuit Courts of Appeal. The opinions are compiled, summarized and analyzed by Tom Church, an attorney in our firm’s federal criminal defense practice.
