Tuesday, December 12th, 2017

Recent Cert. Grants

The Supreme Court recently granted certiorari in three criminal cases, the availability of sentencing reductions pursuant to 18 U.S.C. § 3582(c)(2) when a Guidelines sentencing range is retroactively lowered:

Hughes v. United States, No. 17-155
Question Presented: Whether, as a four-justice plurality in Freeman v. United States concluded, a defendant who enters into a Federal Rule of Criminal Procedure 11(c)(1)(C) plea agreement is generally eligible for a sentence reduction if there is a later, retroactive amendment to the relevant Sentencing Guidelines range.

Cert. papers and opinion below available here:

Hughes v. United States

Koons v. United States, No. 17-1756
Question Presented: Whether a defendant who is subject to a statutory mandatory minimum sentence, but who substantially assisted the government and received a sentence below the mandatory minimum pursuant to 18 U.S.C. § 3553(e), is eligible for a further sentence reduction under 18 U.S.C. § 3582(c)(2), when the Sentencing Commission retroactively lowers the advisory sentencing guidelines range that would have applied in the absence of the statutory mandatory minimum.

Cert. papers and opinion below available here:

Koons v. United States

United States v. Sanchez-Gomez, No. 17-312
Question Presented: Whether the U.S. Court of Appeals for the 9th Circuit erred in asserting authority to review respondents’ interlocutory challenge to pretrial physical restraints and in ruling on that challenge notwithstanding its recognition that respondents’ individual claims were moot.

Cert. papers and opinion below available here:

United States v. Sanchez-Gomez

Thanks to Sentencing Resource Counsel Sissy Phleger for flagging the news.

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