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 July 8, 2024

Supreme Court To Review Sentence Reduction Eligibility Under First Step Act

The Supreme Court is set to review the cases of three individuals dubbed the "Scarecrow Bandits" to evaluate the application of the First Step Act's sentencing reductions to sentences issued prior to the law's enactment.

The Epoch Times reported that the Court's decision could redefine the eligibility for reduced sentences under new legislation for crimes committed before the law was passed.

In 2018, the First Step Act was signed by President Donald Trump with the aim of reducing penalties for certain nonviolent offenders.

This legislation has sparked a legal debate on whether those sentenced before the Act's enactment are eligible for its benefits if resentenced afterward.

Detailed Review of The First Step Act's Implications

The three individuals involved, Tony R. Hewitt, Corey Deyon Duffey, and Jarvis Dupree Ross, were initially sentenced for their involvement in a series of bank robberies in Texas in 2008, alongside charges of using firearms during the crimes. Their cases have collectively come to the forefront of a significant judicial review.

Originally, the sentences handed down were extremely severe. Hewitt, for instance, received a 355-year sentence which was later reduced to 305 years, and then again to 105 years after further legal reviews. These reductions have played a central role in the ongoing legal discussion about the retroactive application of the First Step Act.

The core legal issue at stake is the Act's Section 403, which addresses the stacking of sentences for firearm offenses.

The question is whether this section should apply to those already sentenced prior to the law's implementation. The Fifth Circuit has previously upheld that the First Step Act does not apply retroactively based on the timing of the original sentencing.

Adding to the complexity, the Supreme Court's 2019 decision in United States v. Davis found certain aspects of Section 924(c)—under which the original sentences were given—as unconstitutionally vague, further complicating the current legal landscape.

Contrasting Perspectives From Legal Authorities

Solicitor General Elizabeth Prelogar argued against the need for the Supreme Court to take up the case, citing the potential for legislative action on retroactivity which has, however, stalled in Congress.

On the other hand, Hewitt's recent filings emphasized the unfairness of waiting for a legislative solution, arguing that it is unjust to deny sentence reductions based on the speculative passage of new laws.

Hewitt, in his own words, has stated, "It would be manifestly unjust to allow continued misapplication of a law that has been enacted out of speculative concern for a bill that never will be." He further argued that failure to address these issues promptly continues to deny many individuals substantial sentence reductions they are legally entitled to.

The decision by the Supreme Court to review these cases underlines the ongoing challenges and debates surrounding the application of new laws to past cases. This includes both the legal and human implications of such decisions.

The characterization of the "Scarecrow Bandits" by FBI agents as wearing "loose shirts and floppy hats" during their crimes adds a visual layer to the severity and retrospective review of their sentences.

Summary and Forward Look

The Supreme Court's forthcoming decision will not only affect the three individuals involved but also set a precedent for how sentencing laws like the First Step Act are applied retroactively.

The outcome has the potential to influence numerous cases nationwide, depending on how the justices interpret the intersection of old sentences and new laws.

This case exemplifies the complex interplay between law, justice, and legislative action, highlighting the crucial role of the judiciary in interpreting and applying laws consistently with both current standards and historical contexts.

Written By:
Christina Davie

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