Last week the Supreme Court decided two companion cases (Rutherford v. United States and Fernandez v. United States) largely confining 18 U.S.C. § 3582(c)(1)(A), colloquially known as compassionate release, to its historic core as a remedy grounded on a prisoner’s personal circumstances (such as age or infirmity), and not a vehicle for litigating the legality … Read more
Today’s Second Circuit summary order in United States v. Foskey, No. 21-149-cr, brings to mind a Caddyshack line that I think of often (quoted above). In Foskey, the Circuit upheld the district court’s denial of a motion for a reduced sentence pursuant to 18 U.S.C. § 3582(c)(1)(A). Before the Circuit, the defendant argued that the district … Read more
Do you have a client who was deemed a career offender pursuant to the residual clause of the mandatory (pre-Booker) Career Offender Guideline? If so, keep fighting that sentence! There are at least a couple ways: 1) If the client has a petition pending under 28 U.S.C. § 2255, make sure to argue the sentence is … Read more