Author Archive | Peggy Cross-Goldenberg

Lawyers in both districts should be aware of a change in ICE detainer policy.  The old so-called “detainer” form (1-247) is being retired and replaced with three different forms.  The change in policy is summarized here on the ICE website.

One of the new forms, the I-247N, is a request for voluntary notification of the impending release of a “suspected priority alien”, but it does not request or authorize the continued detention of  individuals beyond the point they otherwise would be released.  The form says on its face that it does not request or authorize detention.  It also says on its face that it should not impact decisions about bail, release, or other matters.  Despite these changes, prosecutors and agents may refer to the I-247N as a “detainer” and may argue at a bail hearing that it authorizes your client’s detention.

In light of the change in ICE policy …

The Second Circuit today issued a summary order affirming the denial of a reduction in sentence under 18 U.S.C. 3582(c)(2) and Amendment 782 to the Sentencing Guidelines.  In United States v. Johnson, 15-2051-cr, the Court held that because Mr. Johnson’s guideline range remained 360-life even after Amendment 782, the District Court correctly concluded he was ineligible for a Section 3582(c)(2) reduction.  Mr. Johnson’s other arguments related to possible procedural errors in the calculation of his base offense level at his original sentencing were not proper on a motion for a sentence reduction.…

The Office of the Inspector General released this review of BOP medical staffing challenges.  According to the March 2016 report, BOP staffing shortages limit inmate access to medical care and impact the safety and security of BOP facilities.  The report may be useful at sentencing to demonstrate that the BOP will not provide adequate care for a defendant’s medical condition.  Thanks to the folks at the National Sentencing Resource Counsel Project for forwarding the report.…