News & Analysis as of

Criminal Prosecution Sentence Reduction

Quinn Emanuel

The White Collar Appeal: Second Circuit Holds That Judges Can’t Increase Sentences to Offset Reductions from the First Step Act or...

Quinn Emanuel on

In a case of first impression in the federal Courts of Appeals, the Second Circuit held that district courts may not consider a defendant’s potential eligibility for a sentence reduction under the First Step Act or programs...more

Miller Canfield

Important Changes to Federal Criminal Sentencing Guidelines

Miller Canfield on

Effective November 1, 2023, the United States Sentencing Commission’s Amendment 821, also known as the “2023 Criminal History Amendment,” has officially become part of the federal sentencing guidelines. Thousands of...more

Fox Rothschild LLP

New DOJ Rule Retroactively Implements Time Credits Program for Inmates

Fox Rothschild LLP on

Some nonviolent federal inmates could be released immediately or very soon now that the U.S. Department of Justice has issued a final rule that will retroactively award time credits under the First Step Act (FSA). The...more

Patterson Belknap Webb & Tyler LLP

Circuit Reverses Sentence Reduction Based on Incorrect Interpretation of ACCA

On January 31, 2019, the Second Circuit issued a per curiam decision in United States v. Thrower (Wesley, Chin, and Cote, by designation) reversing a 2017 judgment from the Eastern District of New York that reduced the...more

Patterson Belknap Webb & Tyler LLP

No Shortcuts: District Court Must Calculate Guidelines Range Before Ruling on Sentencing Reduction Motion

In United States v. Brooks, the Court (Leval, Pooler, Hall) reiterated that district courts are required to calculate the applicable Sentencing Guidelines range when faced with a § 3582(c)(2) motion for a sentence reduction,...more

Patterson Belknap Webb & Tyler LLP

Circuit Vacates Sentence for Failure to Correctly Apply Acceptance-of-Responsibility Guideline

In a summary order on January 2, 2018 in United States v. Reyes, the Court (Winter, Lynch, Droney) vacated and remanded a life sentence as procedurally unreasonable on the ground that the district court failed to properly...more

Patterson Belknap Webb & Tyler LLP

Colombo Mob Boss to Remain in Prison

A Second Circuit panel has ruled that infamous mob boss Carmine “The Snake” Persico will continue serving his 100-year sentence in federal prison. In United States v. Persico, 16-2361, the Second Circuit (Walker, Jacobs,...more

Patterson Belknap Webb & Tyler LLP

In Summary Order, Second Circuit Provides Guidance to Courts Deciding Motions for Sentence Reductions

On February 16, 2017, the Second Circuit (Leval, Calabresi, Carney) issued a summary order in United States v. Lopez, No. 16-1019, vacating and remanding for reconsideration the district court’s denial of the appellant’s...more

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