We post news and comment on federal criminal justice issues, focused primarily on trial and post-conviction matters, legislative initiatives, and sentencing issues.
STOCKING STUFFERS
Some odds and ends from last week…
Free PACER?: The Senate Judiciary Committee on Thursday advanced a bipartisan bill to overhaul the PACER electronic court record system and make the downloading of filings free for the public. The Open Courts Act of 2021 will now go to the full Senate for its consideration, after the Committee adopted an amendment that provided for additional funding and addressed the judiciary’s concerns on technical issues.
The panel approved the measure on a voice vote without any recorded opposition. Similar legislation has been introduced in the House, which during the last Congress passed a version of the bill despite opposition from the judiciary over its costs. The House Judiciary Committee has yet to take up the latest measure.
S.2614, Open Courts Act of 2021
Reuters, Free PACER? Bill to end fees for online court records advances in Senate (December 9, 2021)
Marshals Detainees to USP Leavenworth: The United States Marshals Service will transfer inmates from CoreCivic’s Leavenworth Detention Center to the USP Leavenworth, according to a USMS spokeswoman.
The Marshals Service has contracted with CoreCivic in the past to house pretrial detainees, but the contract is not being renewed due to President Biden’s ban on use of private prisons. The contract expires at the end of the year.
Leavenworth Times, CoreCivic inmates to be transferred to USP (December 9, 2021)
Yes, SCOTUS is Back to Normal: A reader last week reported that some filers still are counting on the Supreme Court giving them 150 days to file for certiorari, a temporary measure enacted by COVID orders of March 19, 2020, and April 15, 2020. But on July 19, 2021, the Court announced that for any lower court judgment issued on that date or later, the time for filing would once again be 90 days.
This means that on this past Wednesday, December 15, 2021 – being 150 days from July 18 – is the last extended COVID deadline.
Supreme Court Order (July 19)
RDAP For Fun and Profit: Tony Tuam Pham, former managing partner of Michigan-based RDAP Law Consultants, LLC, was sentenced to 72 months last week for “coaching federal inmates and prospective inmates… how to lie to gain admission” into RDAP.
Tony pled guilty to claims that while he knew that many of his clients did not abuse alcohol or drugs and were ineligible for the RDAP, he coached them how to feign or exaggerate a drug or alcohol disorder anyway in order to lie their way into RDAP.
The US Attorney for Connecticut said Tony’s firm made over $2.6 million in client fees through the scheme.
US Attorney Press Release, Prison Consultant Sentenced to 6 Years for Defrauding BOP Substance Abuse Treatment Program (December 10, 2021)
– Thomas L. Root