Order

Argument: Stewart was convicted after trial of bank robbery and two counts of § 924(c) and sentenced to nearly 42 years. He had served 13 years (and, including a MDNC case, a total of 28 years) at time 3582(c)(1)(A) motion filed.

Court found following intervening changes in law to be ECR: guidelines are no longer mandatory (Booker); second 924(c) charge would carry only 5-year consecutive sentence, not 20 years; Stewart would not be a career offender today because predicate NC offense does not qualify under Simmons. Court notes it is not "correcting" a sentence; rather it is considering "changes in sentencing law—even nonretroactive ones—in assessing whether a defendant has shown extraordinary and compelling reasons warrant a reduction in his sentence." Court also notes Stewart's age (56) and Stewart's hypertension, and the rampant COVID outbreak at Ft. Dix.

Todd Haugh, Can the CEO Learn from the Condemned? The Application of Capital Mitigation Strategies to White Collar Cases, American University Law Review 62(1) (October 2012), available at http://ssrn.com/abstract=2163644

Letter to the U.S. Sentencing Commission regarding USSC priorities in the current (2014) amendment cycle.

Comments to the U.S. Sentencing Commission regarding post-Booker decisions, and specifically related to anabolic steroids. Includes testimony from and article by NACDL member Rick Collins.

Letter to the Judicial Conference Standing Committee on Rules of Practice and Procedure regarding proposed changes to the Federal Rules of Criminal Procedure and Federal Rules of Appellate Procedure.

NACDL President Cynthia Hujar Orr’s written statement to the U.S. Sentencing Commission regarding mandatory minimum sentencing in federal law and the value of case-specific discretion.

American Bar Association letter filed with the U.S. Sentencing Commission on August 15, 2005 in connection with its decision to add the privilege waiver issue to the list of tentative priorities for the 2005-2006 Sentencing Guidelines amendment cycle.

Comments submitted to the U.S. Sentencing Commission by NACDL's informal Coalition on the Privilege Waiver Amendment to the Federal Sentencing Guidelines regarding priorities in the current (2006) amendment cycle.

President Lisa Wayne's written statement to the U.S. Sentencing Commission regarding sentencing practices since the U.S. v. Booker decision.

President Lisa Wayne's letter to the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security regarding federal sentencing practices and the U.S. Sentencing Commission since the U.S. v. Booker decision.

Coalition letter to leadership of the House Judiciary Committee Subcommittee on Crime, Terrorism and Homeland Security regarding post-Booker and -Fanfan criminal sentencing.

Amicus curiae brief of the National Association of Criminal Defense Lawyers in support of Petitioner.

Argument: The Court should excise Section 3742(g)(2) from the Sentencing Reform Act of 1984 and hold that 18 U.S.C. Section 3553(a) permits district courts to consider post-sentencing rehabilitation at resentencing proceedings.

NACDL amicus curiae brief in support of the petitioners, combining questions presented.

Brief of Aleph Institute

Argument: Circuits’ disparate approaches to reasonableness review undermine the benefits of appellate review of sentences. The goal of the sentencing reform act commend review of the statutory maximum sentence imposed in this case. 

The Post-Booker World: Does the Ex Post Facto Cla