BRUEN Decision Also Casts Doubt on Felon Firearm Possession Convictions; Court's Trend Now To Limit Federal Intrusions on States' Rights; Sentencing Commission Quorum Means More Prisoner-Friendly Rules; Waiting List Starts for Our New Subscription List; Appellate Updates
by Derek Gilna, Director of Research
In an
important and decisive 7-2 decision in United States v. Taylor, 596 U.S. ___ (2022),
the Supreme Court of the United States (SCOTUS) swept away appellate circuit
conflicts, holding that "Attempted Hobbs Act (HA) robbery does not qualify
as a 'crime of violence' for purposes of enhanced sentencing under 18 U.S.C.
924(c)(3)(A) because no element of the offense requires proof that the
defendant used, attempted to use, or threatened to use force."
The court
also added, "In § 924(c)(3)(A), Congress did not condition long prison
terms on an abstract judicial inquiry into whether and to what degree this or
that crime poses a risk to community peace and safety. Nor did it mandate
an empirical inquiry into how crimes are usually committed, let alone impose a
burden on the defendant to present proof about the government’s own
prosecutorial habits."
The holding does NOT affect HA offenses that
are not attempts. My estimate is that
this change will positively impact a minimum of 5000 individuals in the federal
system., and also believe that a case can be made to attack state priors. Examine your cases to ascertain if you have
In Ruan v.
US, SCOTUS also struck a blow against DOJ overreach, which had swept up
well-intentioned medical professionals and overcharged them. Congratulations to them. The 9-0 decision
is a harsh rebuke for the US Attorney and his minions.
The Bruen decision raises many interesting questions as to whether federal felon-in-possession offenses (and certainly enhancements) are now subject to attack. Bruen primarily dealt with certain gun rights in NY states, but the holding continued this key phrase: "we hold that when the Second Amendment’s plain text covers an individual’s conduct, the Constitution presumptively protects that conduct. To justify its regulation, the government may not simply posit that the regulation promotes an important interest. Rather, the government must demonstrate that the regulation is consistent with this Nation’s historical tradition of firearm regulation." More later on this.
Of course, the Dobbs abortion decision unleashed a lot of emotion on the topic, but I see it as part of SCOTUS broader attempt to turn some of these hot issues back over to the states, and roll back the federal government's heavy hand, ever so slowly. After all, a federal government who can't get its prison guards to vaccinate or wear masks, keep its vulnerable residents safe, properly apply Congressionally-mandated sentence credits, or even keep soap, cleaning material, and health hygiene supplies in stock should not be blindly trusted with more important issues like criminal justice.
Another positive development is that the US Sentencing Commission is now able to function again, and I fully expect it to produce some enlightened guidance on the subjects of compassionate release (and other topics like 924c) in the near future.
In
concerning news, the systemic decay of the federal prison system continues,
awaiting a change to leadership that will make the hard choices necessary to
bring federal corrections out of the 19th to the 21st century. FCI Big Spring
has documented that most of the plumbing and mechanical systems are
substandard, and dangerous, with black mold. "We are here at
More
disturbing research is leaking out that cast doubt on the effectiveness of
COVID vaccines in fighting the newest variants, and more reports of serious
side-effects for those who have taken vaccines and boosters. Individuals who
received two doses of the Pfizer and Moderna vaccine but had no
previous infection, were found with negative immunity against both BA.1 and
BA.2 Omicron subvariants, indicating an increased risk of contracting COVID-19
than an average person. Clearly, any case law that says taking a vaccine casts
doubt on a compassionate release petition is now wrong on the facts.
"The
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