Alito slams KBJ's opinion in First Step Act case
Share this @internewscast.com

Left: Justice Samuel Alito during a Heritage Foundation event in October 2022 (YouTube/The Heritage Foundation). Right: Supreme Court Justice Ketanji Brown Jackson, the first Black woman to serve, speaks at the 60th Commemoration of the 16th Street Baptist Church bombing on September 15, 2023, in Birmingham, Alabama (AP Photo/Butch Dill).

The U.S. Supreme Court delivered a decision on Thursday concerning the fate of first-time offenders and bank robbers who utilized firearms in their crimes and faced lengthy sentences due to the “stacking” of mandatory minimum penalties prior to the First Step Act. These sentences were overturned following a significant legal amendment.

With the introduction of the First Step Act—an important criminal justice reform law enacted by President Donald Trump in 2018—first-time offenders sentenced under federal mandatory minimum statutes for firearm-related offenses became eligible for reduced sentences, though only in cases that were still pending. This left unresolved what should occur for individuals whose sentences, issued before the First Step Act, were annulled after the act became law, and whether they can benefit from the sentencing leniency provided by the act.

A section of the First Step Act — specifically, section 403 — amended the federal law that required an additional 25-year mandatory minimum sentence for certain firearm offenses.

Love true crime? Sign up for our newsletter, The Law&Crime Docket, to get the latest real-life crime stories delivered right to your inbox

The question before the court — stemming from the cases of Hewitt v. United States and Duffey v. United States — was whether the First Step Act’s “sentencing reduction provisions apply to a defendant originally sentenced before the First Step Act’s enactment when that original sentence is judicially vacated and the defendant is resentenced to a new term of imprisonment after the First Step Act’s enactment.”

Justice Ketanji Brown Jackson wrote the opinion in five parts, but was only joined by four other justices — Chief Justice John Roberts and Justices Sonia Sotomayor, Elena Kagan, and Neil Gorsuch — in the first three parts. Sotomayor and Kagan joined the opinion in full.

For Jackson and the slim SCOTUS majority, petitioners Corey Duffey, Jarvis Ross and Tony Hewitt were persuasive in arguing that post-First Step Act vacating of a sentence essentially means that the sentence wasn’t imposed pre-First Step Act.

“We hold that, under that circumstance, a sentence ‘has not been imposed’ for purposes of §403(b),” Jackson wrote. “Thus, the First Step Act’s more lenient penalties apply.”

Justice Samuel Alito, on the other hand, led the dissent and was joined by Justices Clarence Thomas, Brett Kavanaugh, and Amy Coney Barrett.

In Alito’s view, it remains true that Duffey’s, Hewitt’s, and Ross’ sentences were actually imposed in 2010, well before the First Step Act was enacted. He wrote that Jackson’s majority “disfigures the Act in order to reach a different result,” and he suggested that activism was a driving factor.

“The Court’s interpretation thus unspools the Act’s carefully wound retroactivity command to mean that any defendant whose sentence is vacated at any time and for any reason may claim the benefit of the Act’s reduced mandatory minimum,” he wrote. “But nothing in the text or broader context supports such a boundless interpretation.”

Alito next emphasized that there were portions of Jackson’s opinion that only the liberal wing of the court joined.

“Indeed, the portions of today’s decision that command the votes of only three Justices give the game away. Animating the Court’s atextual interpretation is a thinly veiled desire to march in the parade of sentencing reform. But our role is to interpret the statute before us, not overhaul criminal sentencing,” he added.

Notably, Jackson directly responded in a footnote to Alito’s “march in the parade” remark, disputing that characterization and stating that the majority “merely” supported Congress’ intent.

“The dissent agrees that our job is to ‘interpret what Congress meant’ by the words in §403(b). Here, Congress’s desire to change the derided, draconian sentencing stacking scheme” created by Supreme Court precedent “could not be clearer,” she wrote. “Thus, far from ‘march[ing] in the parade of sentencing reform,’ we are merely observing the events and circumstances that led Congress to take up the banner of sentencing reform itself.”

Share this @internewscast.com
You May Also Like

Tragic Discovery: Firefighters Uncover Strangled 4-Year-Old and Suspect in House Fire Crawl Space

Background: The home in Perryton, Texas, where the crimes occurred (Google Maps).…

Shocking Incident: Man Strikes Woman with Nissan Murano, Launching Her a Block Away – Police Report Reveals Details

Inset left: Charles Edward Wright (Philadelphia Police Department). Inset right: Veronica Herling…

Gruesome River Murder Unveiled: Trio Charged in Chilling Case Misidentified as Accidental Drowning

Inset: Robbie Crites (Obituary). Background: A view of the Jacks Fork River…

Jan. 6 Rioter’s Boast Backfires: Life Sentence for Squandering Trump Pardon

Background: This image from video provided by the Department of Justice from…

Gainesville Resident Receives 22-Month Prison Sentence for Vehicle Ramming Incident

Staff report GAINESVILLE, Fla. – A 32-year-old man, Marlin D. Roper, has…

States Challenge Trump Tariffs: Call for Refunds Due to Alleged Overreach and Legal Flaws

President Donald Trump speaks in the Cabinet Room of the White House,…

Man Arrested for Murder After Living with Deceased Blind Girlfriend’s Body in Motel Room for Days

Inset, left to right: Daniel Varnes (Saginaw County Jail) and Teressa M.…

Gainesville Resident Faces Federal Indictment on Child Pornography Charges

Staff Report GAINESVILLE, Fla. – Robert Lee Johnson, III., aged 39, has…

Woman Sentenced for Fatal Attack on Husband’s Elderly Great-Grandfather in Plot to Flee with Boyfriend

Left: Britney Andrus. Right: Tyler Best (Highland County Sheriff). A Florida woman…

Major Breakthrough in Search for Missing SA Mum: Vehicle Seized by Authorities

Over the past two days, law enforcement has intensified its efforts to…

Daughter Claims Mother Prevented Her from Leaving Home Before Fatal Shooting, According to Police

Background: News footage of the London, Ky., home where Carol Rich was…

Teen Allegedly Shoots 93-Year-Old Woman in Her Home After Dispute, Police Report

Background: A section of Kendale Avenue in Memphis, Tennessee (Google Maps). Inset…