Federal Compassionate Release Under the First Step Act

Federal Compassionate Release Under the First Step Act — Clark + Harris, PLLC

Federal Compassionate Release: Post-Conviction Relief Federal compassionate release under 18 U.S.C. § 3582(c)(1)(A) — significantly expanded by the First Step Act of 2018 — provides a mechanism for reducing federal sentences when “extraordinary and compelling” reasons warrant relief. Since 2018, compassionate release motions have dramatically expanded the post-conviction options available to federal inmates. Whether your … Read more

Safety Valve Relief Under 18 U.S.C. § 3553(f) in Federal Drug Cases

Safety Valve Relief Under 18 U.S.C. § 3553(f) in Federal Drug Cases — Clark + Harris, PLLC

Safety Valve: Escape From Federal Drug Mandatory Minimums For federal drug defendants who qualify, the “safety valve” provision at 18 U.S.C. § 3553(f) allows sentencing below mandatory minimums that would otherwise apply. Safety valve can be the single most significant sentencing benefit available in qualifying cases — sometimes making the difference between 10-year mandatory minimums … Read more

5K1.1 Cooperation and Substantial Assistance in Federal Cases

5K1.1 Cooperation and Substantial Assistance in Federal Cases — Clark + Harris, PLLC

Cooperation and 5K1.1 Motions in Federal Court For federal defendants facing mandatory minimums or severe Guidelines exposure, cooperation with the government can be the most significant sentencing tool available. A U.S.S.G. § 5K1.1 motion filed by the government allows the sentencing judge to impose a sentence below the Guidelines range — and under 18 U.S.C. … Read more

Understanding the Federal Sentencing Guidelines

Understanding the Federal Sentencing Guidelines — Clark + Harris, PLLC

Why the Federal Sentencing Guidelines Matter Federal Sentencing Guidelines drive the sentencing outcome in virtually every federal criminal case. Even after United States v. Booker made the Guidelines advisory rather than mandatory, judges are still required to calculate the Guidelines correctly and consider them as a starting point. For federal defendants in Louisville, Lexington, or … Read more

Federal Grand Jury Subpoenas: What to Do If You Receive One

Federal Grand Jury Subpoenas: What to Do If You Receive One — Clark + Harris, PLLC

Receiving a Federal Grand Jury Subpoena Is Serious A federal grand jury subpoena is often the first tangible sign of a federal investigation. Whether you’re served as a witness, as a custodian of business records, or as a target, how you respond in the first days and weeks can shape the entire trajectory of the … Read more