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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.

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.

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.

A federal judge in Washington, D.C. is weighing criminal contempt proceedings against DHS officials over deportation flights that allegedly defied a court order to planes carrying Venezuelan migrants to turn around and return the detainees to the U.S. The case tests how far federal courts can go in personally punishing executive-branch officials ostensibly acting in the spheres of national security and international immigration.

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.

Congress passed a new “Farm Bill” on November 12, 2025 that rewrites the federal definition of “hemp” and will re-classify most hemp products as Schedule I substances when it goes into effect in a year. The new bill changes the definition of “hemp” under federal law by 1) broadening the legal THC limit to 0.3% or less of “total THC,” 2) banning most lab-made hemp cannabinoids like delta-8 and THCP, and 3) imposing a 0.4 mg-per-container cap on intoxicating cannabinoids.

The Sentencing Commission has released FY25 Q3 data showing immigration cases driving the docket (35.7%), with drugs (25.6%) and firearms (12.3%) next, while overall variances from the Guidelines hold at 32% and government-sponsored reductions (5K1.1; fast-track pleas) make up a little over 15%. Median sentences span 6 months for immigration, 70 for drug trafficking, and 41 for firearms, with high-severity categories (CP, sexual abuse, murder) posting triple-digit medians. Regional differences have emerged, with border districts leaning on fast-track and imposing more within-Guideline-range sentences.

Recent data from the federal government reflects a notable drop in referrals for federal prosecutions from the DEA and ATF as DOJ reassigns thousands of agents to assist in immigration enforcement operations. Additional reporting shows that the trend is across federal agencies, which are devoting increasing man power and resources to immigration matters at the expense of building and prosecuting other types of criminal cases.

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.

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.