DOJ Proposes Final Rule to Allow Inmates On CARES Act Home Confinement to Remain Free

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.

United States v. Jackson (11th Cir. June 2022)

The Eleventh Circuit vacated a defendant’s sentence that had been enhanced under the ACCA after the district court held that the defendant’s prior conviction was a “serious drug offense.” However, the statute under which the defendant was previously convicted under state law also prohibited ioflupane, which was not a controlled substance at the time of the defendant’s federal prosecution. Citing fair notice and due process concerns, the Court concluded that sentencing courts must “apply the version of the Controlled Substance Act Schedules in place when the defendant committed the federal firearm-possession offense for which he is being sentenced,” as opposed to the schedules in effect when the defendant is convicted of his predicate state offenses.

United States v. Mendez (9th Cir. June 2022)

The Ninth Circuit affirmed a defendant’s conviction for employing, using, persuading, inducing, enticing, or coercing a minor to engage in sexually explicit conduct for the purpose of producing a visual depiction of such conduct under 18 USC 2251(a) where the defendant had placed hidden cameras in a bedroom to capture footage of a minor masturbating. The Court held that the “use” element of 2251(a) is satisfied whenever a defendant causes a minor victim to be the subject of child pornography.

Scroll to Top