SAMARITAN NEWSLETTER- 06-23-2026

SAMARITAN NEWSLETTER June 23, 2026

SUPREME COURT: Maxwell v. Thomas, No. 25-5930, 2026 WL 1513325 (S. Ct. June 1, 2026). The motion of petitioner for leave to proceed in forma pauperis was granted. The petition for a writ of certiorari was granted limited to the following question: Whether a claim regarding application of time credits under the First Step Act of 2018, 132 Stat. 5195–5208 (codified in relevant part at 18 U.S.C. 3631–3635), seeking accelerated transfer to a halfway house or home confinement, can be brought in a habeas petition under 28 USC 2241.

SUPREME COURT: Hunter v. United States, No. 24-1063 (S. Ct. June 18, 2026)

Hunter was charged with ten counts of bank and wire fraud, involving a scheme that cost financial institutions approximately $500,000. He entered a written plea agreement with the government, pleading guilty to one count of aiding and abetting wire fraud. In exchange, the government dismissed the other nine charges and agreed not to prosecute Hunter for related conduct in the future. The plea agreement contained an appeal waiver, barring him from appealing his conviction and sentence, except for claims of ineffective assistance of counsel. The agreement stipulated that any modification must be in writing and signed by all parties. At sentencing, the District Court imposed 51 months’ imprisonment and three years of supervised release, including a requirement that Hunter participate in a mental-health treatment program and take any prescribed medications. Hunter objected to the medication condition, but the District Court stated he could address any disputes with the probation officer or the court. At the conclusion of sentencing, the court erroneously informed Hunter that he had a right to appeal, without objection from either party. Hunter appealed, challenging the mandatory-medication condition as violating his fundamental due process rights. The government moved to dismiss the appeal based on the plea agreement’s waiver. Hunter conceded he had knowingly and voluntarily signed the waiver, but argued it was unenforceable because the sentence allegedly infringed on a fundamental constitutional right and that the District Court’s statement at sentencing, coupled with the prosecutor’s silence, voided the waiver. The Fifth Circuit dismissed the appeal, holding that the District Court’s misstatement did not invalidate the waiver and that Fifth Circuit precedent permitted appeals despite a waiver only in cases of ineffective assistance of counsel or sentences exceeding the statutory maximum. The Supreme Court held that an appeal waiver is unenforceable when its enforcement would result in a miscarriage of justice—specifically, when it would leave in place an egregious error undermining the judicial system’s integrity. The Court vacated the Fifth Circuit’s judgment and remanded the case for consideration under this miscarriage-of-justice standard.

SUPREME COURT: United States v. Hemani, No. 24-1234 (S. Ct. June 18, 2026).

Ali Hemani, a dual citizen of the United States and Pakistan, lived in Texas with his parents and maintained steady employment. In 2022, federal agents searched his home based on suspicions of terrorism-related activity. Hemani cooperated fully with law enforcement, surrendering a firearm and marijuana found on the property, and admitted during an interview that he used marijuana about every other day. Several months later, the government charged Hemani under 18 USC 922(g)(3) for possessing a gun while being an unlawful user of a controlled substance, relying solely on his admitted marijuana use. The Northern District of Texas granted Hemani’s motion to dismiss the indictment, finding the prosecution violated his Second Amendment rights. The government appealed, but the Fifth Circuit affirmed the dismissal, prompting the government to seek review from the Supreme Court. The Supreme Court reviewed whether the government’s prosecution of Hemani under 922(g)(3) was consistent with the Second Amendment. The Court held that the government’s automatic ban on firearm possession for anyone who regularly uses a controlled substance, without individualized proof of dangerousness or any pre-deprivation process, is inconsistent with the Second Amendment’s protections. The government failed to demonstrate that 922(g)(3), as applied, was sufficiently analogous to historical regulations targeting habitual drunkards, which operated for different reasons, targeted different groups, and provided procedural safeguards. The Court’s decision is narrow, addressing only the automatic application of the statute to regular drug users without further showing. The judgment of the Fifth Circuit was affirmed.

CITATIONS:

Fernandez v. United States, 608 U.S. __, 146 S. Ct. 1292, 2026 WL 1485476 (2026)

Rutherford v. United States, 608 U.S. __, 146 S. Ct. 1320, 2026 WL 1485535 (2026)

FSA TIME CREDITS - 18 USC 1591

If you were convicted of attempt to commit 18 USC 1591 you are eligible for FSA time credits. United States v. McKenzie, 2026 U.S. App. LEXIS 17136, at 43 (1st Cir. 2026); United States v. Warren, 5 F.4th 1078, 1081 n.2 (9th Cir. 2021); United States v. Phillips, 2022 U.S. Dist. LEXIS 218204, at 8, 2022 WL 17415077, at *3 (E.D. La. Dec. 5, 2022). 

CR.RIS/GENDER DYSPHORIA. The Northern District of California granted a CR.RIS motion in United States v. Butler, 2026 U.S. Dist. LEXIS 132002 (N.D. Calif. June 12, 2026). Butler is a 22 year old transgender woman who is serving a 60-month sentence of imprisonment based on her conviction for voluntary manslaughter. Butler has a diagnosis of gender dysphoria, and the evidence at trial documented that Butler has severe intellectual and neurocognitive impairments. Butler claims that immediately upon her transfer to BOP custody and continuing through her present incarceration at FCI Sheridan, she has been repeatedly threatened with violence and physically and sexually assaulted by male inmates and the BOP has been unable to ensure her safety. Butler requested an indicative ruling from the Court pursuant to Fed.R.Crim.P. 37(a)(3), stating it would grant the motion for compassionate release if the Court of Appeals remanded for that purpose. The Court carefully considered the parties' arguments, the relevant legal authority, and the record in this case, and granted defendant's request for an indicative ruling. Butler contends she has demonstrated extraordinary and compelling reasons based on her medical circumstances, USSG 1B1.13(b)(1), and under the "catch-all" provision of USSG 1B1.13(b)(5). The Court agreed. Sentence reduced to time served. 

CR.RIS/DISPARITY/MEDICAL/REHABILITATION. The District of Maryland granted a CR.RIS motion in United States v. Donwand Harmon, 2026 U.S. Dist. LEXIS 124404 (D. Md. June 5, 2026). Harmon was sentenced to a term of 210 months for conspiracy to distribute and possess with intent to distribute more than one kilogram of heroin as well as cocaine base. Harmon advanced two principal grounds for relief: The gross disparity between his sentence and the one he would likely receive if sentenced today, and his serious and deteriorating medical condition. The court concluded that the change in Harmon's career offender status, coupled with his eligibility for the two-point reduction under Amendment 782, constitutes an extraordinary and compelling reason for relief under USSG 1B1.13(b)(6). At a minimum, these changes may be considered by the Court under 1B1.13(b)(5), and in determining the extent of any reduction under 1B1.13(c) and 18 USC 3553(a)(6). Harmon suffers from damaged spinal nerves, which cause radiating pain and limited mobility, and he was diagnosed with Stage 3a chronic kidney disease. Sentence reduced to time served.

CR.RIS/MEDICAL. The Western District of Arkansas granted a CR.RIS motion in United States v. Leslie Rogge, 2026 U.S. Dist. LEXIS 124528 (W.D. Ark. June 5, 2026). Rogge argued his advanced age and medical issues are sufficient grounds for release from confinement. Rogge contends Stage IV metastatic prostate cancer satisfies this requirement under USSG 1B1.13(b)(1)(A) because a doctor informed him months before he filed the instant motion that his life expectancy was approximately 18 months. In addition to the prostate cancer, Rogge notes he has heart disease, bradycardia requiring a pacemaker, hearing loss, hepatitis C, dementia, and mobility issues that require the use of a wheelchair and an elevated toilet to reduce the risk of falls. Combined with his advanced age-which is 86 years old as of the date of this Order-Rogge contends that this debilitating combination of health issues also constitutes an extraordinary and compelling reason under USSG 1B1.13(b)(1)(B)(i). Rogge offered these circumstances demonstrate that the end of his life is near and that his request for release merely seeks to allow him to die outside of prison. Sentence reduced to time served.

CR.RIS/MEDICAL. The District of Montana granted in part a CR.RIS motion in United States v. Joshua Wilson, 2026 U.S. Dist. LEXIS 124037 (D. Mont. June 4, 2026). Wilson contended he suffers from "schizophrenia, trauma based chronic [post-traumatic stress disorder ("PTSD")] . . . sleep apnea, insomnia, severe depression, and anxiety." Wilson further stated he has a "[traumatic brain injury ("TBI")], keracotanus, and hearing loss." Documents indicate Wilson is prescribed medications for hyperlipemia, bipolar disorder, and epilepsy/seizure disorder. The Court recognized that Wilson presented serious medical concerns, particularly as they relate to his mental health. The Court further acknowledges that Wilson has participated in several education programs while in BOP custody and applauds him for his efforts at bettering himself while in custody. The Court concluded that, for these reasons, a small sentence reduction was appropriate. Court reduced sentence from 168 months to 156 months.

CR.RIS/MEDICAL. The District of Hawaii granted a CR.RIS motion in United States v. Carignan, 2026 U.S. Dist. LEXIS 122441 (D. Haw. June 3, 2026). On March 10, 2025, Carignan was sentenced to 84 months' imprisonment, after pleading guilty to possession with the intent to distribute 50 grams or more of methamphetamine. Carignan stated he has been diagnosed with stage IV renal cell carcinoma, which has metastasized, a terminal condition that has reduced his life expectancy to 12 to 18 months. The Government filed its response stating that it does not oppose the motion because it agrees that Carignan's condition is an extraordinary and compelling reason . . . that would permit compassionate release. Sentence reduced to time served.

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