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Updates to Federal Sentencing Guidelines

By Steven P. Berne |

The 2023 amendments to the Federal Sentencing Guidelines included a wide range of changes including some that will have a substantial impact on the lives of many defendants and federal inmates. The Sentencing Commission also implemented many technical adjustments that are beyond the scope of this brief article. For our purposes, we want to… Read More »

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The Federal First Step Act of 2018 has updated FSA Time Credits

By Steven P. Berne |

All eligible persons earn 10 days of FSA Time Credits for every 30 days of successful participation in evidence-based recidivism reduction (EBRR) programs or productive activities (PAs) that BOP has recommended based on risk & needs assessment. Persons in min/low risk categories who “over 2 consecutive assessments” have not increased their risk category shall… Read More »

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What Do Federal Firearms Offenses Really Look Like?

By Steven P. Berne |

The Sentencing Commission released a new report regarding federal firearm offenses. The report primarily looks at the kinds of sentences imposed on firearm offenders, including the Guidelines for more firearm offenses under USSG 2K2.1. The report includes data on recidivism rates, penalties, offender demographics, propensity for violence, etc.   20220714_Firearms

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Department of Justice (DOJ) Releases Annual First Step Act Report

By Steven P. Berne |

Department of Justice (DOJ) Releases Annual First Step Act Report. As reflected in the report, as of January 2022, there were 76, 399 inmates participating in programs that award earned time credits, 6,100 of those inmates were released, and of the 9,791 inmates released under the FSA, only 15% re-offended. This recidivism rate is… Read More »

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Biden Administration Considering Clemency for Non-Violent Drug Offenders on Home Confinement

By Steven P. Berne |

The New York Times reported that the Biden administration is considering at least one measure to keep some inmates out of prison and on home confinement for the duration of their sentences. President Biden is reportedly considering using his clemency powers to commute the sentences of certain inmates on home confinement who were convicted of… Read More »

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Department of Justice Announces Investigation Into Conditions of Georgia State Prisons

By Steven P. Berne |

The Justice Department announced today that it has opened a statewide civil investigation into conditions of confinement of prisoners held in Georgia’s prisons. “Individuals sentenced to prison in Georgia Department of Corrections facilities deserve to be treated humanely,” said Acting U.S. Attorney Kurt R. Erskine.  “Our office is committed to ensuring state prisoners are… Read More »

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Steady Drop in Federal Prosecutions for Marijuana Trafficking

By Steven P. Berne |

There has been a significant and consistent drop in marijuana trafficking cases at the federal level since at least 2016. In 2016, there were at least 3,422 marijuana trafficking cases. In 2020, there were 1,118, and each year showed a steady decline. The top districts for the highest number of marijuana trafficking cases were… Read More »

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Court Grants Compassionate Release Based on Changes in Marijuana Laws

By Steven P. Berne |

A judge released an inmate from prison after finding that recent changes in marijuana laws presented “extraordinary and compelling circumstances” warranting the inmate’s release. The court sentenced a defendant in April 2021 after a jury found him guilty of growing marijuana and using a firearm in 2012. Soon after it imposed the mandatory minimum… Read More »

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BOP Does Not Have Immediate Plans to Send Inmates on Home Confinement Back to Prison

By Steven P. Berne |

BOP Director Michael Carvajal testified before Congress and stated that the BOP does not have any immediate plans to send the 4,000+ inmates on home confinement back to prison.At the same time, however, Director Carvajal did not rule out the possibility of sending them back to prison later, and he testified that Congress must pass a… Read More »

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How to Navigate the Federal Prison System

By Steven P. Berne |

The National Association of Criminal Defense Lawyers’ Corrections Committee released an important new online resource, “How to Navigate the Federal Prison System“. The guide is especially crucial and timely resources for attorneys, family members of incarcerated individuals, and the public.        

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