Legal Blog: sentencing

Compassionate Release Motion Reduces Life Sentence

Eugene Gorokhov and Jonathan Knowles represented Ahmad Linton in his motion for compassionate release.  Mr. Linton had received a life sentence for murder, which Mr. Linton maintains he never committed.  With the help of Burnham & Gorokhov, Mr. Linton was able to reduce his sentence to 30 years. The case is No. 98-cr-258, United States v. Stokes.  The final order can be viewed

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Fourth Circuit Update: United States v. Alan Williams

On July 20, 2021, the U.S. Court of Appeals for the Fourth Circuit decided Appeal Number 20-4120, United States v. Alan Williams. Judge Rushing wrote for the Court. Judges Agee and Harris joined the opinion. In itself, the Court’s decision is not particularly interesting. Rather, what we find remarkable about it is how it illustrates the contrast between how courts

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Fourth Circuit Update: United States v. Comer

On July 21, 2021, the Court of Appeals for the Fourth Circuit decided Appeal Number 19-4466, United States v. Marysa Renee Comer. Judge Wynn wrote for the Court. Judges Keenan and Thacker joined the opinion. In a sentence, the Court approved a condition of supervised release that prohibited use of social media with permission from the U.S. Probation Office. This

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Fourth Circuit Update: United States v. Moody

Last Tuesday, June 22, 2021 the Court of Appeals for the Fourth Circuit decided United States v. Moody. This decision is unlikely to make any significant changes to legal doctrine. What is interesting about the Court’s opinion is the Court’s expression of doubt about the breadth of modern conspiracy law. The case arose when police stopped a car at roughly

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Sentence Reductions Under the First Step Act

In 2018, Congress passed the reformative First Step Act, commonly called the FSA.  One of the FSA’s reforms allows certain inmates to receive greater reductions for good behavior than was previously possible.  This posts examines the FSA’s changes to earned time credit. Background For many decades, inmates showing progress towards rehabilitation could serve part of their sentences outside of prison

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Getting out of Prison on Compassionate Release

In 2018, Congress expanded the so-called “compassionate release” statute to allow inmates to petition their sentencing judges for reductions based on extraordinary circumstances.  During the COVID-19 pandemic, the amended compassionate release statute probably saved the lives of many vulnerable inmates that judges saw fit to release.  This post gives a summary of the provisions of this important law. Background of

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A Closer Look at First Step Act Changes to 851 Enhancements

The First Step Act is a criminal justice reform bill that has passed the House of Representatives and is awaiting a vote in the Senate.  It has been endorsed by President Trump. The bill covers lots of subjects but one important one is changes to enhancements for repeat drug offenders.  Defense lawyers and federal prosecutors often refer to these as “851 enhancements” after the

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5 Things You Need To Know About Federal Sentencing

This video discusses top 5 things you should know about federal sentencing. If you are facing federal criminal charges and elect to plead guilty rather than face trial, you will need the assistance of a seasoned federal sentencing attorney to navigate the sentencing process. Learn more about The Federal Sentencing Process. ​

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Can I be sentenced for a crime I am found not guilty of?

Imagine the following scenario: you have been charged in a multi-count indictment with several interrelated crimes—one count of conspiracy to commit wire fraud and one count of structuring.  The jury acquitted you of the more serious crime of wire fraud conspiracy, but convicted you of structuring.  A good outcome, right?  The answer may actually surprise you, as your ultimate sentence

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