Oct 8 2024
2nd Cir. 23-251 Panel Decision

Giovinco v. Pullen

The Second Circuit held that prisoners with multiple concurrent sentences cannot earn First Step Act time credits for eligible counts once any single count involves an ineligible offense. The court ruled that the Bureau of Prisons must aggregate all concurrent sentences into a single term for administrative purposes, rendering the entire imprisonment ineligible.

Aug 15 2024
9th Cir. 2:23-cv-04223- Published

TAHAWWUR HUSSAIN RANA v. W.Z. JENKINS II

The Ninth Circuit affirmed the denial of Tahawwur Hussain Rana's habeas petition challenging his extradition to India. The court held that the extradition treaty's double jeopardy exception applies to charged crimes with distinct elements, not underlying acts, allowing extradition despite Rana's prior U.S. acquittal.

May 31 2024
9th Cir. 3:23-cv-01097-CL Published

Betschart v. State of Oregon

The Ninth Circuit affirmed a preliminary injunction requiring Oregon to provide counsel to indigent criminal defendants within seven days of their initial appearance or release them from custody. The court held that the systemic failure to provide counsel constitutes an extraordinary circumstance that overrides the Younger abstention doctrine and justifies federal intervention to protect Sixth Amendment rights.

Feb 24 2024
9th Cir. 1:24-cv-00066- Published

THOMAS EUGENE CREECH v. IDAHO COMMISSION OF PARDONS AND PAROLE and JAN M BENNETTS, Ada County Prosecuting Attorney

The Ninth Circuit affirmed the denial of a preliminary injunction, rejecting a death row inmate's due process claims regarding Idaho's commutation proceedings. The court held that the state's procedures satisfied constitutional minimums and that any alleged prosecutorial errors were harmless given the overwhelming evidence supporting the denial of clemency.