On February 28, 2025, Abell Eskew Landau LLP and FAMM filed an amicus brief in the U.S. Supreme Court in Carter v. United States. This is the second brief filed by AEL and FAMM arguing that the United States Sentencing Commission’s recent policy statement, U.S.S.G. § 1B1.13(b)(6), is valid, proper, and within the scope of the Commission’s authority. The brief urged the Supreme Court to grant a petition for certiorari filed by Johnnie Markel Carter, who had sought a sentence reduction in the lower courts pursuant to 18 U.S.C. § 3582(c)(1)(A) (sometimes called the “compassionate release” statute). The district court denied relief and the United States Court of Appeals for the Third Circuit affirmed.
Section 1B1.13(b)(6) provides that, when deciding whether a person has identified an extraordinary and compelling reason for a sentence reduction, courts may consider a later change in the law if the person has already served ten years of “an unusually long sentence” that, after full consideration of the person’s individualized circumstances, reflects “a gross disparity” between the sentence being served and the sentence likely to be imposed today. The Third Circuit’s precedent in this area reignites a division among the federal Courts of Appeals that § 1B1.13(b)(6) properly resolved, and it prevents many incarcerated people from even seeking to reduce lengthy sentences now acknowledged as unjust. The brief urges the Court to grant the petition in order to confirm the statutory authority of the Commission, the broad scope of courts’ sentencing discretion, and the relevance of changes in the law to motions seeking relief under § 3582(c)(1)(A).
The brief, which can be read in full here, reflects the firm’s commitment to seeking justice in sentencing and advocating for the rights of incarcerated persons.
The AEL team includes Jarrod Schaeffer, Olivia Jecklin, and Nafeesah Attah. The FAMM team includes Mary Price and Shanna Rifkin.
