In Prison

The Difficulty on Bringing State Cases into Federal Habeas Proceedings

Federal Habeas Filings Under §2254 Filing a habeas petition is difficult and very time consuming. Filing an effective habeas petition is even harder. This is in reference to federal inmates filing for 28 U.S.C. §2255 habeas relief in federal court. A majority of these filings fail even before they get a hearing, never getting their day in …

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Dimaya Sentence Reductions via §2255

The Sentence Reduction Potential of Dimaya and Johnson On April 17, 2018, the Supreme Court of the United States published an opinion in an immigration case called Sessions v. Dimaya. This case caused waves because the left-leaning justices split with right-leaning justices evenly at 4-4 and the deciding vote was the freshman justice Gorsuch. In …

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28 U.S.C. 2255 Example – A Double Edged Sword

When it Works, Sometimes it Doesn’t In our continuing exploration of 28 U.S.C. §2255 cases, the practice of federal habeas appeals never ceases to be amazing. And confusing. Take, for instance, the case of Howard Handa. 1 United States v. Handa, 122 F.3d 690, (9th Cir. 1997) In this case, defendant Handa was sentenced for …

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More Sentence Commutations By Obama This Week

Sentence Commutations for Drug Offenders Its a sad fact that Obama has pardoned and commuted less sentences in his presidency than any other president in modern American history. In a positive recent action, Obama issued 22 sentence commutations to federal inmates serving time for drug-related crimes. These 22 sentence commutations nearly double the number of …

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Marijuana Legalization, Coram Nobis, and Federal Felonies

Legalized Pot An interesting question arose for PCR Consultants the other day. With the growing trend the United States these days to legalize pot, what would happen if the federal government actually gave up the Weed branch of its War on Drugs. Plenty of people believe that locking up citizens in the US for simple …

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Opportunity After Federal Prison

The United States Attorney for the District of New Jersey had some interesting comments about community release after incarceration. Normally, the American standard of criminal justice involves putting away the bad guys. After that, the narrative seems to stop. Unfortunately for that narrative, and fortunately for defendants and inmates, nearly everybody that goes to prison …

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Obama Clemency Plans for Hundreds of Drug Offenders

The title of this post comes from this Yahoo News article today. A new plan for Obama clemency policy is going to be official. Below is how the article gets started:   Barbara Scrivner’s long quest for mercy tests a president’s will — and her own faith DUBLIN, Calif—Scrawled on the inside of Barbara Scrivner’s …

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