Sentencing

The Marshall Project has recently reported that few inmates in BOP custody have been released since Attorney General issued a memorandum urging the BOP to maximize the number of inmates it releases to home confinement in order to curb the significant outbreak of COVID-19 among its facilities. The BOP website currently discloses that the BOP […]

The Court held that the defendant had not exhausted his administrative remedies before filing his motion under 18 U.S.C. § 3582(c)(1)(A) because he had not waited 30 days for the BOP to respond to his request for such a motion and had not received an adverse decision. The defendant had not argued waiver of the exhaustion requirement based on futility, inadequate relief, or irreparable harm.

Where the defendants stole and later destroyed a rare gold bar recovered from a sunken treasure ship, the Court held that in cases involving a unique item or an item that has no market for it, the proper figure to calculate restitution is the “replacement cost” of the item rather than its mere fair market value, which in this case would have been the bar’s weight in gold. However, the district court erred in adopting the victim-museum’s arbitrarily defined value of the gold bar for restitution purposes.

Joining several other circuits, the Eleventh Circuit held that a conviction for Hobbs Act robbery does not qualify as a “crime of violence” for the sentencing enhancement under either the elements clause of U.S.S.G. § 4B1.2(a) or as an enumerated robbery or extortion offense, as a defendant can be convicted of Hobbs Act robbery based merely on a threat to property.

March 26, 2020. This week, Attorney General William Barr issued a memo to the Bureau of Prisons urging officials to identify certain inmates for home confinement in an effort to reduce the inmate population. The move to expand home confinement comes after reports that inmates in at least two BOP facilities have contracted the coronavirus. […]

Federal inmates like Bernie Madoff and Michael Cohen have filed motions in federal court requesting their early release or placement in home confinement based on their potential exposure to the coronavirus while in the BOP’s custody. Hundreds of other low-level offenders currently serving federal time have filed similar motions. The attorneys filing these motions have […]

In a case involving mail fraud and falsifying immigration forms, the Court held that the district court correctly applied the Guidelines for fraud under 2B1.1 rather than for falsifying immigration forms under 2L2.1, explaining that “the heart” of the defendant’s scheme was enriching themselves by cheating undocumented immigrants.

Drug Offenses/Elements – Sufficient evidence existed of a drug conspiracy, as opposed to a mere buyer-seller relationship, where the relationship was ongoing, the quantities involved were large, the transaction involved extensive planning, and the alleged seller taught the buyer how to mix the drugs for resale. Drug Offenses/Death Counts – Sufficient evidence existed that the […]

The Court held that a defendant who requested a reduced sentence under Section 404 of the First Step Act, which makes the Fair Sentencing Act retroactive, is not entitled to a de novo re-sentencing hearing.

Sentencing Guidelines The defendant was convicted of unlawful possession of ammunition by a person admitted to the U.S. on a nonimmigrant visa. Law enforcement had witnessed the defendant purchasing ammunition and leaving it in locations to be picked up and eventually smuggled into Mexico. At sentencing, the district court applied the enhancement under U.S.S.G. § […]