[AicapAifap] FAMM Legal

[Alliance of Incarcerated Canadians/Foreigners in American Prisons]

Dear Aicap,
 FAMM always brings a unique perspective to important criminal law
cases before the Supreme Court that could have an impact on sentencing
law. This term was no exception. We filed amicus, a/k/a friend of the
court briefs in Koons v. U.S. and Rosales-Mireles v. U.S.
 In Koons, the court considered whether a defendant who had received a
substantial assistance departure below the mandatory minimum could
also get the benefit of a retroactive sentencing guideline reduction.
We argued that mandatory minimums interfere with discretionary,
flexible sentencing; give prosecutors the power to determine a
sentence, which sometimes results in tremendous injustice; and fail to
deter offenders, reduce crime, or induce cooperation. Referring to our
many members in prison and their loved ones, we told the court how
detrimental mandatory minimums are to both the community and our trust
in the criminal justice system. 
 Unfortunately, the court ruled against Mr. Koons, saying that
retroactive reductions can only be applied when the defendant is
sentenced based on a federal sentencing guideline. FAMM was deeply
disappointed, but we will continue to argue in favor of smarter
sentencing.
 Fortunately, in Rosales-Mireles, we were on the winning side. The
case asked whether an appeals court should correct an error which
resulted in a sentence that was several months longer for the
defendant. Our brief argued that even small amounts of time
erroneously spent in prison are harmful and "any error which produces
a longer prison sentence has constitutional significance." We brought
the court three voices of prisoners and former prisoners to make our
case; and we won! 
 You can read our briefs and longer descriptions of these cases on our
Supreme Court page.
http://support.famm.org/site/R?i=ZIz4MDnbsUQGhJCOHtjYlA Thank you for
your support.
 https://famm.org/our-work/u-s-supreme-court/ 
 Sincerely, 
 Mary Price
 General Counsel, FAMM 
 FAMM is a nonprofit, nonpartisan organization fighting for smart
sentencing laws that protect public safety.
 1100 H Street NW | Suite 1000 | Washington, D.C. 20005 | (202)
822-6700
 FAMM © 2018 
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