Supreme Court

Supreme Court limits “safety valve” in federal sentencing law

Supreme Court limits “safety valve” in federal sentencing law

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Justice Elena Kagan’s opinion for a sharply divided court in Pulsifer v. United States resolves an ambiguity in the provisions added to federal sentencing law in the First Step Act of 2018, coming down firmly on the side of the government. The problem involves how to read a “safety valve” in federal criminal sentencing laws, which allows defendants to avoid the often lengthy mandatory minimum sentences scattered throughout the federal criminal code. The safety valve requires the defendant to … Read the rest

Supreme Court

Court strikes a blow for sentencing discretion under provision in federal firearm statute

Court strikes a blow for sentencing discretion under provision in federal firearm statute

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People given consecutive sentences under the federal law that imposes penalties for the use of a firearm in relation to a crime of violence or drug trafficking may now be entitled to a new sentencing hearing, thanks to the Supreme Court’s unanimous ruling Friday in Lora v. United States. The justices ruled that federal criminal sentencing laws do not require Efrain Lora, who was convicted for his role in a drug-trafficking-related murder, to receive multiple consecutive, rather than concurrent, … Read the rest

Supreme Court

Two petitions probe permissible evidence in convictions and sentencing

Two petitions probe permissible evidence in convictions and sentencing

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The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.

In criminal trials, the Constitution places various limits on what information judges and juries may consider. This week, we highlight cert petitions that ask the court to decide, among other things, whether a jury may take into account a defendant’s courtroom demeanor and whether a judge may partially base a … Read the rest