Insightful articles on federal postconviction relief, prison survival strategies, sentencing issues, and life after prison—written from firsthand experience and over a decade of research in the federal system.
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Why Do Federal Judges Keep Sentencing Below the Guidelines in Child Pornography Cases?
More than half of defendants sentenced in federal non-production child pornography cases receive sentences below the advisory Sentencing Guidelines. A recent Sixth Circuit decision illustrates a pattern that federal judges and the U.S. Sentencing Commission have recognized for years: The Guidelines under §2G2.2 frequently recommend prison terms that courts ultimately find greater than necessary. If the federal Sentencing Guidelines are supposed to promote consistency and fairness, why do judges so frequently impose sentences below them in child pornography cases? That question has been debated for years, and the latest statistics from the United States Sentencing Commission demonstrate that the issue…
Honoring Veterans Means Remembering Those in Prison, Too
Today is Veterans Day. And on Veterans Day, we thank people for their military service. But if you or someone you love has been arrested, convicted, or sent to prison, you may have seen how quickly that service disappears from the conversation. The person who once wore a uniform becomes a booking number, a criminal record, or an inmate file. Their service may receive a brief mention before the discussion moves on. A conviction does not erase years of military service. It does not erase deployments, injuries, or the difficulties someone brought home. If we mean what we say about…
When Supervised Release Restrictions Keep You From Getting a Job
You are required to work while on federal supervised release. But the jobs available to you require a computer, company phone, or access to an employer’s electronic systems—and your supervision conditions allow probation to search those devices. An employer willing to consider your conviction may still refuse to expose its equipment and confidential information to searches. For people with sex offense convictions, this can create a serious obstacle to rebuilding a stable life. A recent federal appeals court decision offers a useful argument: courts must consider whether an electronic search condition undermines the employment that supervision requires. In United States…
Pennsylvania Purse-Snatching Robbery Does Not Qualify as Crime of Violence for Federal Sentencing Enhancement
A prior conviction labeled “robbery” does not automatically qualify as a crime of violence under the federal Sentencing Guidelines. The elements of the state offense must satisfy the federal definition. In United States v. White, 2026 U.S. App. LEXIS 34481 (3d Cir. Nov. 6, 2026), that distinction required the Third Circuit to vacate a federal firearm sentence. The court held that Pennsylvania’s third-degree felony robbery offense sweeps more broadly than generic robbery because it covers snatching property without overcoming any resistance from the victim. Generic robbery requires more: when the taking rests on physical force, that force must overcome the…
Will the Supreme Court Limit Federal Prisoners’ Right to Challenge BOP Sentence Calculations Under § 2241?
The Supreme Court heard arguments on November 2, 2026, in Maxwell v. Dinis, No. 25-5930, a case involving a federal prisoner’s attempt to use 28 U.S.C. § 2241 to challenge the Bureau of Prisons’ application of First Step Act time credits. The case has generated considerable discussion among federal prisoners, including speculation that the Court might eliminate § 2241 as a way to challenge how the BOP executes a sentence — or expand it to permit challenges to the underlying conviction or sentence. Neither prediction accurately describes the question the Supreme Court agreed to decide. The dispute is much narrower:…
Can a Photographer’s Sexual Intent Turn an Ordinary Image Into Child Pornography?
Federal appeals courts disagree about whether someone can be convicted of producing child pornography when the images show a minor engaged in ordinary, nonsexual activities but the photographer allegedly intended to create sexually explicit material. The disagreement matters because a conviction under 18 U.S.C. § 2251(a) generally carries a mandatory minimum sentence of 15 years in federal prison, and the sentencing guidelines usually drive the sentence to the statutory maximum. In one case, a federal appeals court overturned seven convictions involving secretly recorded videos of minors changing clothes and performing ordinary personal grooming. The court concluded that the government failed…
How to Get Your Case File When Your Former Attorney Refuses to Turn It Over
If you are in federal prison and want to challenge your conviction or sentence, one of the first things you may need is your former attorney’s case file. But what happens when your lawyer ignores your requests, refuses to send the documents, or claims you are not entitled to them? A recent federal court decision confirms that prisoners may have a way to compel their former attorneys to surrender their case files. In United States v. Holness, 2026 U.S. Dist. LEXIS 239094 (D. Md. Oct. 19, 2026), a federal judge ordered a prisoner’s former attorneys to turn over substantial portions…
How a Federal Prisoner Used § 2255 to Overturn His 64-Year Sentence and Walk Out of Prison
In July 2024, the Third Circuit Court of Appeals reversed the denial of Steven Baker’s § 2255 motion after finding that his trial attorney’s incorrect advice about mandatory minimum sentences caused him to reject a favorable plea agreement. At the time, Baker was serving more than 64 years in federal prison for three bank robberies and related firearm convictions. What happened afterward is even more remarkable. Within four months of the appellate decision, Baker had accepted a new plea agreement, received a dramatically reduced sentence, and was released from federal prison. How Baker Won His Appeal In Baker v. United…
Federal Appeals Court Vacates Sentence After Judge Mistakenly Believed Only BOP Could Credit State Prison Time
The Fifth Circuit Court of Appeals vacated a federal defendant’s 60-year prison sentence after finding that the sentencing judge mistakenly believed only the Bureau of Prisons (BOP) could account for time he had already served on a related state conviction. The defendant had spent nearly 40 months in state custody before his federal sentencing, but the judge refused to consider adjusting his sentence because she believed that decision belonged exclusively to the BOP. The appellate court held that the judge failed to recognize her authority under U.S.S.G. § 5G1.3(b) and ordered resentencing. In United States v. Koan, 2026 U.S. App.…
Federal Appeals Court Vacates Sentence Because Government Failed to Prove Facts in Presentence Report
The Eleventh Circuit Court of Appeals vacated a federal prisoner’s 15-year mandatory minimum sentence after finding that prosecutors failed to prove the prior convictions used to enhance his sentence. Although those convictions were listed in the defendant’s Presentence Investigation Report (PSR), the court held that once the defendant specifically disputed their existence, the government had the burden of proving them. Because prosecutors presented no evidence and the sentencing judge imposed the enhancement anyway, the appellate court ordered resentencing without the enhancement. In United States v. Louis, 2026 U.S. App. LEXIS 31137 (11th Cir. Oct. 13, 2026), the court reinforced an…
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