U.S. Supreme Court

Supreme Court will consider whether federal courts can reduce sentences based on innocence claim

The U.S. Supreme Court agreed Tuesday to consider whether federal judges can consider an inmate’s claim of potential innocence when weighing whether to grant a reduced sentence under the First Step Act. (Image from Shutterstock)

The U.S. Supreme Court agreed Tuesday to consider whether federal judges can consider an inmate’s claim of potential innocence when weighing whether to grant a reduced sentence under the First Step Act.

The Supreme Court said it would decide whether factors that would justify vacating a conviction can also constitute “extraordinary and compelling reasons” for reducing a sentence.

SCOTUSblog and Law360 have coverage; the cert petition is here.

Federal prisoner Joe Fernandez asked the Supreme Court to hear his case after the 2nd U.S. Circuit Court of Appeals at New York reversed a decision that reduced his sentence to time served. Fernandez, who is serving a life sentence for two murders that he claims that he never committed, had sought “compassionate release” under the First Step Act.

The federal judge who granted release to Fernandez had considered his possible innocence based on credibility problems related to the government’s key witness and his far-longer sentence when compared to other co-defendants.

The 2nd Circuit said potential innocence is never a permissible “extraordinary and compelling reason” for a reduced sentence, and such claims can only be brought in a direct appeal or habeas proceedings. The appeals court also said the sentencing disparity could not be considered absent “unusual circumstances.”

Lawyers for Fernandez argue that the First Step Act gives judges broad discretion to reduce sentences, while the government says the 2nd Circuit was correct. The government also notes new policy by the U.S. Sentencing Commission that says judges can’t consider “asserted invalidity of a conviction or sentence” when granting compassionate release.

See also:

In unusual lineup, SCOTUS rules for pro se prisoner who sought lower sentence under First Step Act