New Proposed on "Good Time" Sentence Credits Shows DOJ Resists Change
by Derek Gilna
We have
made many inquiries regarding the proposed DOJ rule that concerns the 54-day
credit mandated by the First State Act (FSA). Of the three alternatives put forth,
Alternative 1 and 2 both skirt the intent of FSA, which is to reverse the
ridiculous prior interpretation that ignored the ORIGINAL Congressional intent
of 54 days credit. Alternative 3, which following the general language of FSA,
but focuses on "exemplary compliance with institutional disciplinary
regulations," authority which the prison system will fight hard to retain,
and which courts traditionally uphold. We intend to comment on this proposed
rule on your behalf.
This brings
up another important point: FSA (and
Washington politics) has forever changed the landscape of the federal justice
system, but the bureaucratic prison system resists change with all of its
might, and unfortunately spends more time in spreading disinformation than
adjusting to the new FSA reality.
As the
Supreme Court (SC) returns from the holiday break, one of the cases that we
will be following is Shular v. US, which concerns whether the determination of
a "serious drug offense" under the Armed Career Criminal Act requires
the same categorical approach used in the determination of a "Violent felony" under the act. It
will be argued on January 21, and a decision issued before July of this year.
This case is a high priority of all major criminal defense groups, and
hopefully will be another blow against ACCA.
In Illinois Illinois
In the 10th
Circuit, the court granted a COA to explore
whether "his trial counsel was ineffective for failing to adequately
investigate and present at trial evidence of his organic brain damage." US 12-30-19 ).
This is an important case that we will be following closely, as a high
percentage of federal prisoners suffer from both diagnosed and undiagnosed
traumatic brain injury that may have contributed to their offense. There is no
question that those of you with the possibility of 2255 habeas filings could
benefit from the reasoning in this case, and get you back into court.
We will
focus next week on developing case law on Hobbs Act robbery cases, and possible
post-sentence relief available in some jurisdictions. This is a fluid area that should benefit
many. Have a good week, and let not your heart be troubled.
Federal Legal Center, Inc.
Derek A. Gilna, JD, Director
(Also in Indiana
