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 Michigan Just Removed 20,000 People from Its Sex Offender Registry
On September 9, 2026, the Michigan Supreme Court issued an order that immediately changed the lives of thousands of people on Michigan’s sex offender registry. Two days later, the Michigan State Police announced that it had already removed more than 20,000 people from the registry. That is an extraordinary number. Before the ruling, approximately 43,000 people were actively registered or required to register in Michigan. In a matter of days, nearly half of that population was removed. The Michigan State Police explained that it was complying with the court’s ruling that Michigan could not apply its current Sex Offenders Registration…
How Do Prison Staff Treat Sex Offenders?
People facing federal prison for a sex offense often worry about how other prisoners will treat them. They also worry about the staff. Will officers know about the conviction? Will they treat the person differently? Will they ignore a legitimate safety concern because of the offense? The honest answer is that staff members are individuals. Most will do their jobs and treat you according to how you conduct yourself. Some will dislike you because of your offense. A smaller number may use their position to embarrass, provoke, or punish you. Your best protection is to understand the power relationship from…
What Is a True Rule 60 Motion After a § 2254 or § 2255 Denial?
A federal habeas case does not necessarily end forever simply because the district court denied the original § 2254 petition or § 2255 motion. In limited circumstances, Federal Rule of Civil Procedure 60 allows the prisoner to ask the same court to reopen the judgment because something went wrong in the federal habeas proceeding itself. That does not mean Rule 60 gives someone another opportunity to attack the conviction, raise another ineffective-assistance claim, present a new sentencing argument, or reargue a claim the court already rejected. Those are habeas claims, and attempting to disguise them as a Rule 60 motion…
Will My Kids Be Allowed to Visit Me in Federal Prison?
For most people serving a federal sentence for a sex offense, the answer is yes. The BOP does not categorically prohibit people with sex-offense convictions from having contact visits with their children. A conviction involving a minor will usually result in closer monitoring during visits, but closer monitoring is not the same as banning the visit. The major exception involves a child who was a victim of the offense or another order that specifically prohibits contact. What the BOP Policy Says The BOP encourages visits from family members because maintaining those relationships supports the person during incarceration and after release.…
Court Reverses Convictions After Defendant Was Forced to Show Jury His Tattoos
The Ninth Circuit reversed Eduardo Valencia’s robbery and firearm convictions because the trial judge forced him to take the witness stand simply to show the jury the tattoos on his hands. The court held that displaying a physical characteristic such as a tattoo is not testimony. Because Valencia was not “testifying” merely by showing the jury his hands, the judge could not require him to take the stand and submit to cross-examination as the price for presenting that evidence. By forcing him to choose between showing potentially exculpatory physical evidence and preserving his Fifth Amendment right to remain silent, the…
Federal Firearm Conviction Vacated Because Drug Use Alone Did Not Prove Dangerousness
A federal district court in Tennessee vacated Jessica Garner’s conviction for possessing a firearm as an unlawful user of marijuana, holding that 18 U.S.C. § 922(g)(3) was unconstitutional as applied to her because the government could not show that she was dangerous. The court relied heavily on the Supreme Court’s 2026 decision in United States v. Hemani, which rejected the idea that habitual marijuana users can automatically be treated as dangerous and stripped of their Second Amendment rights. In Garner v. United States, 2026 U.S. Dist. LEXIS 187636 (W.D. Tenn. Aug. 20, 2026), the court granted Garner’s motion under 28…
Why Mandatory Minimums Do Not Always Block Later Sentence Reductions
A federal appeals court has held that a defendant who previously received a substantial-assistance reduction below a statutory mandatory minimum may later qualify for another sentence reduction when the Sentencing Commission retroactively lowers the Guidelines range that originally drove the sentence. In United States v. Hilton, 2026 U.S. App. LEXIS 26897 (6th Cir. Sept. 1, 2026), the Sixth Circuit vacated the denial of Brandy Hilton’s motion for a sentence reduction under 18 U.S.C. § 3582(c)(2). The court held that Hilton’s sentence was still “based on” a Guidelines range even though she was originally subject to two mandatory minimum sentences, and…
Will I Have to Complete Sex-Offender Treatment in Federal Prison?
If you are entering federal prison with a sex-offense conviction, you probably have questions about treatment. Will the BOP force you to participate? What will you have to disclose? Could something you say lead to another criminal charge? Will completing treatment reduce what you must do after release? Could refusing the program increase your risk of civil commitment? The short answer is that sex-offender treatment in federal prison is voluntary. You do not have to enter either of the BOP’s Sex Offender Treatment Programs. But that does not make the decision simple. Treatment can reduce risk, help someone understand the…
What Prison Will I Be Sent To? Why Federal Prison Placement Starts Before Sentencing
One of the most common questions federal criminal defendants ask their lawyers is, “What prison will I be sent to?” Too often, the answer is simply, “That’s up to the Bureau of Prisons.” Technically, that is correct. Under 18 U.S.C. § 3621(b), the Bureau of Prisons has the authority to designate the place of a federal prisoner’s imprisonment. The sentencing judge does not decide where the person will serve the sentence, and a recommendation from the court is not binding on the BOP. But that is not the whole story. Section 3621(b) also lays out the factors the BOP must…
Seventh Circuit Says Federal Law Cannot Criminalize Possession of Fake AI-Generated Child Pornography in the Home
Artificial intelligence can now create fake child pornography that looks almost indistinguishable from images involving real children. But if no actual child exists and no child was abused to create the image, can the federal government criminalize merely possessing it inside your home? According to the Seventh Circuit, not under current Supreme Court precedent. In United States v. Anderegg, 2026 U.S. App. LEXIS 25835 (7th Cir. Aug. 25, 2026), the court held that 18 U.S.C. § 1466A(b)(1) was unconstitutional as applied to Anderegg’s possession of obscene AI-generated images depicting fictional children. The government conceded that none of the images depicted…
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