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Resources for "Second Look = Second Chance: The Case for Reconsidering Lengthy & Other Extreme Sentences," a webinar that took place March 11th, 2021.
Letter to Attorney General Merrick Garland regarding former Attorney General William Barr's ruling in Matter of Thomas and Matter of Thompson, 27 I. & N. Dec. 674 (AG 2019) changing DOJ and DHS policy so state courts can only affect immigration sentencing if related to underlying criminal proceedings and not the immigration case.
Some may believe that challenging a district court's sentencing procedure on appeal is not likely to result in better outcomes because the court will simply do a better job on remand addressing arguments and explaining its decision, but still impose the same sentence. But this is not so.
Brief of Amici Curiae the American Civil Liberties Union, the National Association of Criminal Defense Lawyers, the American Civil Liberties Union of Ohio Foundation, Due Process Institute, R Street Institute, and Americans for Prosperity Foundation in Support of Defendant/Cross-Appellee.
Argument: The text of §403(b) applies the sentencing amendments to §924(c) at resentencing. The text of §403(b), not the savings statute, governs application of the sentencing amendments. Background principles confirm that §403 applies at resentencing. The government’s rule serves no purpose. The government’s contrary arguments fail. Congress enacted the First Step Act to reform §924(c). In accordance with the text, context, and purpose of the First Step Act, this Court should hold that the sentencing amendments in §403 apply to sentences imposed after the First Step Act’s effective date, including at a de novo resentencing.
Second Circuit Decision to Vacate and Remand Based on Sentence Higher than Guidelines for Illegal Reentry into the United States.
Fourth Circuit Decision to Vacate and Remand Sentence for Failure to Consider Downward Departure.
Second Circuit Decision to Vacate and Remand Based on Sentence Higher than Guidelines for Illegal Reentry into the United States
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.
