Here are some favorable cases decided in the federal courts for the week of March 22, 2024: United States v. Oliveras, No. 21-2954, 2024 U.S. App. LEXIS 6226 (2d Cir. Mar. 15, 2024) The defendant-appellant, Alex Oliveras, was sentenced to sixty-three months’ imprisonment and a three-year supervised release term for possessing cocaine with intent to...Read More

Not a bad week for favorable cases. While most of these cases were decided on direct appeal, remember that these can be converted into ineffective assistance claims for a 2255 motion, if argued correctly. United States v. Colon-Cordero, Nos. 22-1171, 22-1172, 2024 U.S. App. LEXIS 1300 (1st Cir. Jan. 19, 2024)Luis Ángel Colón-Cordero was convicted...Read More

If you think compassionate release in the federal courts means only releasefrom prison for federal prisoners, you’re missing the point. The statute thatgoverns compassionate release and gives the federal court authority to grantrelief is 18 U.S.C. § 3582(c)(1)(A). The statute is actually titled“Modification of an Imposed Term of Imprisonment.” Notice that itdoesn’t say anything about...Read More

Let’s talk about waivers for a moment. A recent case from the Second Circuit found that after the Supreme Court ruled certain provisions of some federal gun laws were unconstitutional, any relief could not be given because the defendant had agreed in a plea deal not to file an appeal or § 2255 motion. Like...Read More

What is the deadline for the government to file a motion for forfeiture in a criminal case? In a case where the government filed a motion for criminal forfeiture two-and-a-half years after sentencing, the U.S. Court of Appeals for the Second Circuit concluded this was perfectly fine and upheld the forfeiture. But not every federal...Read More

A federal court has held that a person who is a felon still has the right to argue self-defense with a firearm, despite the fact that he is a convicted felon who cannot possess a firearm under federal law. The court’s decision overturned the lower court’s conclusion that a felon doesn’t have the right to...Read More

Here are some favorable cases in the federal courts this last week of August that may help out some people in federal prison. United States v. Thomas-Mathews, No. 21-1824, 2023 U.S. App. LEXIS 22464 (6th Cir. Aug. 25, 2023) Some judges can’t get out of the erroneous “crack is worse” way of thinking that got...Read More

Elion v. United States, No. 20-1725, 2023 U.S. App. LEXIS 20286 (7th Cir. Aug. 7, 2023) After Otis Elion pleaded guilty to distributing methamphetamine, a federal district court sentenced him as a career offender under U.S. Sentencing Guideline § 4B1.1. Elion’s attorney did not challenge that designation, and the court imposed a 167-month prison term....Read More

United States v. Gaye, No. 22-251, 2023 U.S. App. LEXIS 20157 (2d Cir. Aug. 4, 2023) In 2019, Gaye’s encounters with the law led to a supervised release violation and another six-month prison term, followed by four years of supervised release. In 2021, he once again breached the terms of his supervised release, resulting in...Read More

United States v. Gamez, No. 22-2278, 2023 U.S. App. LEXIS 20713 (7th Cir. Aug. 9, 2023) Is Indiana Arson a Violent Felony for ACCA? Sergio Gamez received a 15-year sentence for being a felon in possession of a firearm. This sentence was a result of the district court’s application of the Armed Career Criminal Act’s...Read More