How to Petition to Modify Your Supervised Release Conditions

With the overwhelming focus on prison, few defendants think about supervised release(and almost no lawyers discuss it with them) until they are about to end their term of imprisonment. Once the conditions they are expected to follow are laid in their hands, and the realization of what they are about to face hits (especially for sex offenders), only then do offender truly think about what they signed up for. If this is you, and you’re despairing about how difficult release may be, all is not lost.

Continue reading “How to Petition to Modify Your Supervised Release Conditions”

PREA, First Step and Other News

We have a lot to talk about in this week’s newsletter. First off, as we mentioned last week, there was a case in Illinois in which an inmate at a halfway house had filed a 2241 motion trying to get his release from halfway house due to the good time fix. Unfortunately, the court denied him relief. In it, they stated that section 102(b)(2) of the First Step Act states that this subsection will not go into effect until after the Attorney General releases the risk assessment system. Continue reading “PREA, First Step and Other News”

A New Year’s Take on an Old Law

As a New Year dawns, it struck me as a fun mental exercise to examine an old precept and determine if it is valid (long standing tradition may mean that something is so sound it cannot be improved-hence its longstanding-or merely that it is so sold it is unquestioned, and stands merely on that fact.) One of our oldest tenets, taken as unassailable, is that ignorance of the law is no excuse. But is this really a solid premise? Continue reading “A New Year’s Take on an Old Law”

Investment Tips While Incarcerated

Well, as you know by now the First Step Act has passed and is now law. The most common question is when will the good time be recalculated? According to one staff member at my institution, he was told that it would begin January 9th. Nothing is for certain yet on how they will do this or even if that is when they will, but it’s the most I’ve got to go on so far. The rest of the implementations, will take up to seven months to develop, possibly up to six months to implement and then the BOP has up to two years to begin the program development. So this will not be a fast process by any means. Continue reading “Investment Tips While Incarcerated”

Rolling the Dice on Gamble / First Step Act Update

Yesterday (Monday), the Senate held a procedural vote on the First Step Act to end debate and bring the bill up for a floor vote. The vote passed the procedural vote by an overwhelming 82-14. A vote is set for later today. Although Senators Tom Cotton (R-Arkansas) and John Kennedy (R-Louisiana) are going to try and add more amendments, many Senators, including several Republicans, have said that enough is enough. The concerns of violent criminals getting out early already has several safeguards in place.

The bill must pass the Senate with at least 60 votes. Once it does that, a joint committee between the House and Senate will discuss any compromises and the bill will be sent back to the House for a new vote. The House will return to session Wednesday evening and we expect them to pass it as early as Thursday. Once that occurs, the President has until noon eastern time on January 3, 2019 to sign it and the bill would go into effect.

We are keeping an eye on this and as soon as it passes both chambers and President Trump signs it, we will send out a breaking news email to share with you.

Until then, enjoy this week’s article.

Continue reading “Rolling the Dice on Gamble / First Step Act Update”

Lexis Nexis Search Tips

We are continuing to monitor any updates on the First Step Act. Some rumors have been going around saying that the Senate passed it on Thursday. To the best of my knowledge, nothing has been voted on yet. In the event anything does happen, we will let you know. The bill must be voted on in the Senate and then sent back to the House to be voted on again and then signed by President Trump before it becomes law. To keep from getting false hopes up, even if the bill passes the Senate, we will let you know in the regular newsletter. However, once it passes both houses and is signed by the President, we will send a special notice. If you would like to keep track of it more closely, feel free to add our friends at Legal Information Systems (LISA Legal) to your contact list. Their email address is newsletter@lisa-legalinfo.com

Continue reading “Lexis Nexis Search Tips”

Categorical Exclusion on the Way Out? / Supreme Court Update

Supreme Court Update:
Cert granted in Kisor v. Wilkie.
Question presented: Should the Supreme Court overrule Auer v. Robbins & Bowles v. Seminole Rock & Sand Co., which directs courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation?

Opinion issued in United States v. Stitts; United States v. Sims
Held: (1) The term “burglary” in the Armed Career Criminal Act includes burglary of a structure or vehicle that has been adapted or is customarily used for overnight accommodation. The decision of the Sixth Circuit Court of Appeals is reversed.

(2) Sims case is vacated and remanded to the Eight Circuit Court of Appeals to determine if the Arkansas burglary statute is overbroad.

Continue reading “Categorical Exclusion on the Way Out? / Supreme Court Update”

Is Official Misconduct Rare? / Supreme Court News

First off, we are trying something new. Each week, we plan on sending out with one of our posts a list of all Supreme Court cases that were granted in the past week, as well as each one that is set for arguments sometime that week. While we don’t have a synopsis of what the case is about (yet), we can at least let you know if a case you had been monitoring has been granted cert or has been argued before the court.

Continue reading “Is Official Misconduct Rare? / Supreme Court News”