Welch v. United States, 15-6418
The Supreme Court recently agreed to consider extending, Johnson v. United States, — U.S. —., 135 S. Ct. 2551 (2015), to closed cases. The issues raised in Welch v. United States are:
(I) Whether the district court erred when it denied relief on petitioner’s section 2255 motion to vacate, which alleged that a prior Florida conviction for “sudden snatching” did not qualify for Armed Career Criminal Act enhancement pursuant to 18 U.S.C. §924(e); and (2) Whether Johnson v. United States announced a new substantive rule of constitutional law that applies retroactively to cases that are on collateral review.
It has been estimated that hundreds of inmates have already served the maximum sentence that would now have been imposed under the Johnson case, but still remain in prison, serving longer sentences. A decision applying Johnson to those inmates would lead to their prompt release. The question of retroactivity has resulted in multiple circuit splits among the federal appeals courts.
In Welch, the defendant was sentenced to fifteen years after being convicted of possession of a gun by a felon. Because he had three prior convictions of either a violent crimes or a serious drug crime, his sentence was enhanced under the so-called “residual clause” in the Armed Career Criminal Act. After the Johnson ruling came, Welch sought to reopen his case in a second §2255 petition, but the Eleventh Circuit refused to grant permission for him to appeal. The Court granted certiorari and set oral argument for March 30, 2016.
Any defendant, defense lawyer or a family member who has been involved in the criminal system understands how important it is to have an impartial and objective jury selected for the trial. The recent case of Torrence Hatch aka rapper, Lil’ Boosie who was charged with first degree murder in the State of Louisiana, East Baton Rouge Parish (Case No. 06-10-0603, 06-10-0605, 06-10-0607, 07-11-0383), is a perfect example of how important this aspect of criminal defense is. The acquittals of O.J. Simpson and Michael Jackson are perfect illustration of how critical it is for a defendant to have an impartial jury of his peers.
NLPA was hired by Mr. Hatch’s mother to assist Lil’ Boosie’s attorney, Martin E. Regan, Jr., Esq., in preparing for trial. In addition to reviewing ten DVD’s of witnesses’ statements, NLPA also provided a jury questionnaire and voir dire questions to be used by counsel in selecting the best possible jurors from the jury pool to ensure that Lil’ Boosie would receive a fair trial. This strategy was successful in helping Lil’ Boosie have a jury of his peers who were impartial and willing to give him a fair hearing. As a result, the jury was able to see through the government’s efforts to incriminate Mr. Hatch with their unfounded allegations and on Friday, May 11, 2012 after six days of testimony and one hour of deliberations, Torrence Hatch aka Lil’ Boosie was found not guilty!
If you or a client are in need of help with jury selection and/or criminal pretrial services, and want to receive a fair trial contact NLPA!
FOX News is Reporting – Justice Department to release 6,000 inmates from federal prisons beginning Oct. 30
“The Justice Department will release some 6,000 inmates from federal prisons beginning at the end of the month as part of new sentencing guidelines for drug crimes established last year, a federal law enforcement official confirmed Tuesday to Fox News.”
The below linked document collects the proposed amendments to the sentencing guidelines, policy statements, and commentary, in the “reader-friendly” form in which they were made available at the public meeting on August 7, 2015. As with all proposed amendments on which a vote to publish for comment has been made but not yet officially submitted to the Federal Register for formal publication, authority to make technical and conforming changes may be exercised and motions to reconsider may be made. Once submitted to the Federal Register, official text of the proposed amendments as submitted will be posted on the Commission’s website at www.ussc.gov and will be available in a forthcoming edition of the Federal Register, and an updated “reader-friendly” version of the proposed amendments as submitted will be posted on the Commission’s website at www.ussc.gov.
The proposed amendment and issues for comment will be subject to a public comment period
running through November 12, 2015. Further information on the submission of public comment will be provided in the forthcoming edition of the Federal Register referred to above. Such information will also be available at www.ussc.gov.
I am writing to thank you and the research staff at National Legal Professional Associates for your
assistance in the above referenced case.
As you know, I have worked with your team of research attorneys over the past year preparing for
Ms. Ross’s sentencing hearing. And, given the changing positions taken by the government, I have
worked with your team to prepare no less than three separate sentencing memoranda.
Going into the sentencing hearing Ms. Ross was facing a range of 131 to 157 months imprisonment.
We filed arguments calling for a sentence far below that guideline range based on several mitigating
factors under 18 U.S.C. § 3553(a)(2). The court clearly took into account all of the information and
mitigating arguments presented in the three sentencing memoranda and decided to depart
significantly and sentence Ms. Ross to a term of 84 months imprisonment, a reduction of five years
from the guideline range. What is particularly impressive about the five year reduction is the fact
that it was imposed over the government’s objection because Ms. Ross would not cooperate with the
The research and drafting assistance of your staff was extremely beneficial and helped us achieve
this terrific result for Ms. Ross and her family. Thank you again, and I look forward to working with
you and your staff,in the future.
Matthew M. Robinson
Attorney at Law
Growing up as a kid in a neighborhood community was difficult at times, having a police officer, emergency medical technician, or fire fighter live on every other block. The saying goes in my home town, there was always someone on your block who was an emergency responder, may not be for the town we lived in but they call our town home. I wasn’t really a bad kid growing up, yes I had my fair share of being tormented in high school as well as being thwarted by upper class men, but I didn’t let it get to me. On the week of graduation I was walking in the senior building to get to my locker when I saw the lead quarterback sell marijuana to another student. The quarter back knew my father was local police officer for the town we lived in.
With the situation which just escalated rapidly, he picked me up by my shirt, held me up against the lockers about one foot off the ground and said, “if you say anything to anyone, I will kill you.” Unknown to him the vice principal had just walked into the senior hall as everything was transpiring. I reacted. I grabbed his wrist, placed him in a suppression hold known as a goose neck and in doing so broke his playing wrist. Though in pain and with the vice principal now engaged in the event, the quarterback was screaming he was going to sue me because he could no longer peruse his dream in football. His family too me to court as I claimed self-defense and even the vice principal stated in his statement I was just defending myself from someone who was almost twice my size at the time.
The judge ruled in my favor and the quarterback was expelled from school and was force to be schooled elsewhere in a neighboring district. Later in life I ran into the once quarterback of my high school and he stopped me in the process and said he was sorry and now he has a landscaping business and is making more money than if he were to pursue his career in professional football. I stated to him, I appreciate the apology no matter how late, and I hope your wrist is okay. If it wasn’t for the vice principal and my family lawyer being able to conduct case study research about other similar cases in Washington State, I feel the out come would have, or could have been different.
National Legal Professional Associates (NLPA), known for the past 25 years for its reputation for assisting defendants and their attorneys in pursuing criminal defense and post-conviction relief, today, announced in conjunction with its new partner, Sterling Financial Group, the formation of the NLPA Family Assistance Division. This non-profit organization has been founded for the purpose of empowering families following the tragedy of having a loved one become incarcerated. It takes a unique approach to helping the 2.2 million affected United States families by coordinating and mobilizing resources to assist with obtaining legal representation for an incarcerated family member, facilitating visitation transportation of the defendant by family members and helping the affected family with humanitarian support and counseling. These levels of assistance are provided at no cost to qualifying defendants and their family members. Application assistance from the NLPA Family Assistance Division can be made online at www.nlpa.com.
Many individuals who have contact with the justice system have the need for legal advice from a top-rated lawyer.
Legal advice can only be provided by a licensed attorney. If an individual who is not a licensed attorney provides legal advise to an individual that providing of legal advice could be considered to be the unauthorized practice of law. therefore, when you need assistance with matters relating to criminal defense, sentencing, appeals, post-conviction motions, or immigration matters, it is critical that you contact an attorney licensed in the appropriate jurisdiction to provide this legal advice. NLPA works with attorneys throughout the United States to provide to them legal advice and research which they can then utilize in the representation of their client. If you need assistance in obtaining legal advice and want to be referred to a lawyer who can assist you in this way, please contact NLPA. We can refer you to a licensed lawyer who will be happy to receive NLPA’s research assistance.