Top News
How the Government Shutdown Affected the Federal Criminal Justice System
| In the News, Top News
The 2025 government shutdown didn’t stop federal criminal prosecutions or investigations, but it did expose how fragile the system is when Congress cuts off money. DOJ and the courts kept prosecutions, grand juries, and trials moving by forcing “essential” staff to work without pay, while the Criminal Justice Act program collapsed, leaving panel lawyers unpaid, at least one federal death-penalty case halted, and clear Sixth Amendment violations on the record. The net effect was simple: the government’s ability to prosecute was preserved, but the fairness and quality of defense—especially for indigent defendants—took the hit.
Major Indictments Dismissed Based on Interim U.S. Attorney’s Illegal Appointment
| In the News, Top News
A federal judge in the Eastern District of Virginia dismissed headline-grabbing criminal cases against former FBI Director James Comey and NY Attorney General Letitia James based on the improper appointment of the interim U.S. attorney who obtained the indictments, holding she had no legal authority to prosecute. The ruling underscores that violations of 28 U.S.C. § 546 and the Vacancies Act can render entire prosecutions void and signals that courts are prepared to scrutinize interim and acting U.S. attorney appointments, which have become more prevalent in the current Trump administration.
2025 U.S. Sentencing Guidelines Go Into Effect
| In the News, Sentencing, Top News
The 2025 Federal Sentencing Guidelines took effect on November 1, 2025. Changes to the Guidelines since last year include eliminating “departures” from the Guidelines, increasing judicial discretion in imposing terms of supervised release (and often in favor of leniency), and resolving circuit splits regarding enhancements for offenses involving “physical restraint,” “intervening arrests,” minor role reductions, firearms, and criminal history calculations.
Recent Supreme Court Opinions
Supreme Court Grants Cert in Several Criminal Cases
| In the News, Recent SCOTUS Cases, Supreme Court Opinions, Top News
The Supreme Court has granted review in a cluster of cases that go directly to core federal criminal issues: Hemani (Second Amendment limits on § 922(g)(3) “drug user” cases), Barrett (how far prosecutors can stack § 924(c) and § 924(j) firearm penalties), Ellingburg (whether MVRA restitution is “punishment” for Ex Post Facto purposes), and Villarreal (Sixth Amendment limits on barring attorney-client consultation during trial recesses). The Court also agreed to hear Noem v. Al Otro Lado, which addresses asylum “metering” at the border and could influence how “entry” and presence are defined in illegal entry, reentry, and smuggling prosecutions.
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).
Recent Circuit Court Opinions
United States v. Muhammad Arif (8th Cir. October 2025)
| Eighth Circuit
Narrowing Congress’s criminal powers under the Commerce Clause, the Eighth Circuit held that a defendant’s intrastate use of a car and payment of U.S. currency were insufficient to satisfy the commerce element in § 1591.
United States v. Hudak (4th Cir. October 2025)
| Evidence, Fourth Circuit, Hate Crimes
The Fourth Circuit rejected mental illness claims from a Nazi and KKK memorabilia owner and affirmed his hate crime convictions, holding that the district court did not abuse its discretion in excluding mental health evidence and admitting the memorabilia after Hudak opened the door.
United States v. Elias (2d Cir. Oct. 2025)
| Forfeiture and Seizure, Second Circuit
The Second Circuit vacated a defendant’s $10,000 forfeiture order because § 981(a)(1)(C) reaches only property the defendant actually obtained, and the defendant, who was a getaway driver for a robbery, never obtained his share of the proceeds from the robbery.
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.
