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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
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NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal legal system, and redressing systemic racism, and ensuring that its members and others in the criminal defense bar are fully equipped to serve all accused persons at the highest level.
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On behalf of the National Association of Criminal Defense Lawyers, I am grateful to the Commission for promoting dialogue on these important issues and strongly urge retroactive adoption of the elimination of the residual clause.
President Gerald Goldstein's statement to the Senate Judiciary Committee regarding the Violent Crime Control and Law Enforcement Improvement Act of 1995 (S. 3).
Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of Petitioner.
Amici Brief of The Ninth Circuit Federal Public and Community Defenders and The National Association of Criminal Defense Lawyers in Support of Defendants-Appellants and Urging Reversal of the Underlying Judgment.
Amici Brief of The Ninth Circuit Federal Public and Community Defenders and The National Association of Criminal Defense Lawyers in Support of Defendant-Appellant and Urging Reversal of the Underlying Judgment.
Corrected En Banc Amici Curiae Brief of the National Association of Criminal Defense Lawyers and Families Against Mandatory Minimums In Support of Petitioner-Appellant
Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner
Brief of Amici Curiae the National Association of Criminal Defense Lawyers, et al. in Support of the Petition for Rehearing En Banc
Effective Aug. 1, 2016, the Sentencing Commission deleted the residual clause from U.S.S.G. § 4B1.2(a)(2) and made other changes to the definition of “crime of violence.” The Commission said that its amendments would make the guideline consistent with Johnson v. United States (2015). The amendments will be beneficial for some defendants and detrimental to others. This article discusses when and how to use, challenge, or avoid the new definition of “crime of violence” in sentencings and resentencings. The authors discuss when to insist on using the pre-amendment version of the guideline as altered by Johnson and, alternatively, how to challenge the amended version to a client’s advantage.
