There have been several high profile, compelling cases in recent days.
The first, going up for oral argument now, is United States v Haymond. Haymond, on supervised release for a porn offense was violated for having more child porn in his internet cache. Because the evidence was insufficient to convict him, it was treated as a violation instead and he was sentenced to five years. Without the commission of another porn offense, it would’ve been a maximum of two years. Now, the court is hearing oral arguments that this scheme denies a releasee due process and violates Booker.
Continue reading “Is Supervised Release Running on Fumes?”
With endless research now disproving the long held myth of high sex offender recidivism and even Attorneys General calling for the registry’s abolishment, a new study seeks to fan the dying flames of this once white hot hysteria. The paper makes the claim that all previous studies of sex offenders are flawed because they underreport the actual recidivism, as they only deal with those rearrested, and most reoffenders are never rearrested.
Continue reading “The Dark Figure of Sexual Recidivism”
Well, yesterday was Valentine’s Day. For me, unfortunately it’s always been kind of a depressing holiday. One reason, I’ve always been single. But, the main reason is that when I was a kid, my grandmother’s funeral was held on that day. But, for many others, it’s a day of showing those you care for how much they really mean.
Continue reading “Developing Relationships While on the Registry”
It has been a busy week this past week and for the most part, it has been beneficial to inmates, or at least rather to those convicted of felonies.
First, let’s begin out of Michigan. Michigan’s sex offender registry has been in the news a lot in the last few years. In fact, it has been to the U.S. Supreme Court twice. Once, it upheld a decision by the appellate court that parts of the registry were punishment and therefore could not be applied retroactively. In that case, the U.S. Supreme Court upheld the decision. In another decision, when the state appealed to the U.S. Supreme Court, their cert petition was denied.
Continue reading “Michigan A.G. States Sex Offender Registry is Punishment”
Before I get into today’s post, I want to remind everybody that if your release date from the BOP is between now and July, we need as many people as possible to file a motion with the court in order to try and get our good time. A few people have already done this and are awaiting rulings. If you are somebody that meets this criteria (release between now and July), again, you can have someone download a sample motion that you can submit to the court in the jurisdiction in which you are presently being held and file it against the warden of your institution. You can download the motion in Microsoft Word by going to this address:
Continue reading “The Internet: To Help or Terrorize?”
Later this month, the Supreme Court is set to hear arguments in United States v Haymond, a case that tests the legality of increased mandatory minimums and maximums for sex offenders who are accused of committing another sex offense while on release. Haymond had the misfortune to get malware on his smartphone, which gave him all sorts of nasty little goodies, including child pornography. As the evidence was pretty conclusive that he did not deliberately download these files, the Government tried to convict him through the back door of revoking his supervised release.
Continue reading “The Import of Haymond”
As we previously mentioned in Wednesday’s post, we were working on a sample motion to submit to the court to try and get your extra good time. Again, this is mainly for people whose scheduled release date is between now and January. Simply fill in the blanks and put the name of your warden as the respondent. If you don’t know your warden’s name, just put Warden, Institution Name.
Anyway, your family can download and print off a copy of a sample form motion and mail it to you. They can download it at:
Continue reading “A Look at Release Itself”