Sentencing

The Eighth Circuit affirmed a defendant’s enhanced sentence under the ACCA where two of the defendant’s three predicate offenses had been charged in the same indictment and occurred 3 days apart and with separate victims. The Court concluded that the Supreme Court’s decision in Woodson did not mean these prior offenses were not conducted “on occasions different from one another,” and rejected the defendant’s Sixth Amendment challenge.

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.

The Seventh Circuit vacated a defendant’s above-Guidelines prison sentence imposed upon his violation of supervised release. The Court concluded that the record showed the sentencing judge had improperly sentenced Shaw to prison for the purpose of rehabilitation, which is explicitly prohibited under 18 USC 3582(a).

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.

The Seventh Circuit affirmed a district court’s denial of an inmate’s motion for compassionate release based on changes in the law that would have subjected him to a lower sentence. The Court reiterated its holding that courts cannot consider non-retroactive changes in the law in determining an inmate’s eligibility for a reduction, notwithstanding the Supreme Court’s recent decision in Concepcion, dealing with another provision of the First Step Act.

In a 5-4 opinion, the Supreme Court held that courts considering an inmate’s motion to reduce sentence pursuant to Section 404(b) of the First Step Act, which applies to crack-cocaine convictions, may consider all relevant materials when considering whether to modify, and by how much, the inmate’s sentence. Some legal scholars believe the opinion should help resolve the circuit split regarding what circumstances a court can consider when reviewing an inmate’s motion for “compassionate release.”

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.

The Sixth Circuit vacated a defendant’s sentence for bank robbery, holding that the district court erred in applying an enhancement for using physical restraint. The Court held that ordering tellers to the ground, and their accompanying compliance, without more, was insufficient to constitute “physical restraint.”

In a 5-4 opinion, the Supreme Court held that a 1983 claim was the proper vehicle for a death row inmate challenging his manner of execution.

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.