by Fred Sisto | Dec 30, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Civil Liberties Union (ACLU) v. United States. The petition for a writ of certiorari is denied. Justice Gorsuch dissented from the Court’s refusal to rule on the ACLU’s petition. He was joined in dissent by Justice Sotomayor. The dissent wrote in relevant part: In...
by Fred Sisto | Dec 28, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Thomas concluded with the following in relevant part: A crack offender is eligible for a sentence reduction under the First Step Act only if convicted of a crack offense that triggered a mandatory minimum sentence. The First Step Act makes an offender eligible...
by Fred Sisto | Dec 27, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On June 14, 2021, the United States Supreme Court decided the case of Terry v. United States. The principal issue concerned the scope of availability for sentence reductions for crack offenders under the federal First Step Act. Justice Thomas wrote for the 8-1...
by Fred Sisto | Dec 26, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Kavanaugh continued in relevant part: Here, it is undisputed that Rehaif errors occurred during Greer’s and Gary’s district court proceedings and that the errors were plain. To satisfy the “substantial rights” prong, Greer must show that, if the District Court...
by Fred Sisto | Dec 25, 2021 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Supreme Court continued in relevant part: Gary argued that his guilty plea must be vacated because the District Court failed to advise him that, if he went to trial, a jury would have to find that he knew he was a felon. The Fourth Circuit agreed with Gary,...