In the News

Earlier this month, President Biden signed legislation extending the statute of limitations for federal prosecutions against individuals and businesses accused of fraudulently obtaining COVID-19 relief funds, specifically through the PPP and EIDL loan programs. The PPP and Bank Fraud Enforcement Harmonization Act and the COVID-19 EIDL Fraud Statute of Limitations Act extended the statute of limitations to ten years, up from five years.

Last week, the U.S. Sentencing Commission published a new study on defendants sentenced on federal robbery charges in 2021. The report provides a comprehensive look at the demographics and other characteristics of robbery offenders, as well as well as their ranges of prior criminal history and the types of sentences imposed. Notably, the report also identifies characteristics of the robbery offense itself such as the identity of the victim, the type of property taken, whether violence was used or threatened, whether a weapon was involved, and whether the victim was injured or killed.

For the first time since 2019, the U.S. Sentencing Commission will have a quorum of members and the ability to promulgate new guidelines and regulations for federal sentencing. The Commission’s newest members were approved by the U.S. Senate by voice vote on August 4, 2022. Click here to read our previous coverage of the newest appointees to the Commission.

On Tuesday, July 26, 2022, at 2:30PM, the U.S. Senate’s Subcommittee on Criminal Justice and Counterterrorism will hold a hearing on decriminalization of marijuana at the federal level. The witnesses include Dr. Malik Burnett, medical director of the Maryland Department of Health’s Center for Harm Reduction Services, Edward Jackson, the Chief of Annapolis Police Department, Weldon Angelos, a former inmate who received a pardon and is now the president of the Weldon Project, Steven Cook, a former Associate Deputy Attorney General under Jeff Sessions, and Alex Berenson, a former New York Times reporter known for his attempts to link marijuana to violent crime and mental illness.

The U.S. Sentencing Commission released two new reports regarding offenders serving life sentences in federal prison and older offenders sentenced in federal court. The reports include a substantial amount of data regarding the types of offenders sentenced to life imprisonment or “de facto” life imprisonment. The reports also illustrate the differences in how older offenders are sentenced compared to younger offenders, as well as other characteristics of older offenders.

This month, the Sentencing Commission released a new report regarding federal firearm offenses. The report primarily looks at the kinds of sentences imposed on firearm offenders, including the Guidelines for more firearm offenses under USSG 2K2.1. The report includes data on recidivism rates, penalties, offender demographics, propensity for violence, etc.

This week, the senate confirmed Steven Dettelbach as the new director of the Bureau of Alcohol, Tobacco, and Firearms, often referred to as the “ATF,” on a 48-46 vote. Director Dettelbach is the first ATF leader confirmed in seven years. The confirmation comes on the heels of Congress passing new gun control measures that, among […]

The DOJ recently appointed a new Director of the BOP. Colette Peters, who has been the director of the Oregon corrections department since 2012, has been described as “reform-minded” and will assume her duties on August 2, 2022.

Earlier this week, the Department of Justice proposed a final rule authorizing the director of the BOP to “allow prisoners placed in home confinement under the CARES Act to remain in home confinement after the expiration of the covered emergency period,” in this case the COVID-19 pandemic. It was previously unclear whether inmates would have to return to prison when the pandemic ends. The proposed rule includes a significant amount of background information regarding the CARES Act, home confinement, and the BOP’s emergency operations.

Comments may be submitted until July 21, 2022 through the “regulations.gov website” or mailed to the Rules Unit, Office of General Counsel, Bureau of Prisons, 320 First Street NW, Washington, DC.

Earlier this week, the Washington Post reported that a group of democratic and republican senators had agreed on the framework of an agreement for legislation aimed at reducing gun violence in the wake of mass shootings in Buffalo and Uvalde. The potential legislation would push states to enact “red flag” laws, require background checks for juvenile and mental health records, and create new federal criminal offenses for gun trafficking and straw purchases. The news comes as AG Garland and the DOJ’s task forces have increased enforcement actions based on unlawful firearm purchasing and distribution.