Obstacles to the Biden Agenda Include Americans’ Belief in Nonsense

MICHAEL C. DORF

Cornell law professor Michael C. Dorf comments on the willingness of Americans to believe lies and misinformation, pointing to confirmation bias and social media bubbles as playing key roles in this problem. Professor Dorf argues that we must render Trumpism beyond the pale, in part by shunning those who spread lies and minimizing opportunities for them to spread dangerous misinformation and incite riots.

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United States v. Hampton

Docket: 20-3649

Opinion Date: January 19, 2021

Judge: Readler

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

Hampton pleaded guilty to conspiracy to distribute cocaine and aiding and abetting possession of a firearm in furtherance of the conspiracy. His 204-month sentence was eventually reduced to 180 months based on an amendment to the Sentencing Guidelines. Hampton sought a further reduction by way of compassionate release under 18 U.S.C. 3582(c)(1)(A). Hampton had to exhaust all administrative rights, or, alternatively, wait 30 days after the warden’s first “receipt of [his] request.” Hampton sought administrative relief but filed his motion with the district court before the warden’s 30-day response period had run. The court opted to hold the motion “until the 30-day window ran” and later denied Hampton’s motion “for the reasons stated” in the government’s brief, without further explanation. The Sixth Circuit remanded. Following enactment of the First Step Act, district courts facing defendant-filed motions seeking release under section 3582(c)(1)(A) should analyze whether extraordinary and compelling circumstances merit a sentence reduction and whether the applicable section 3553(a) factors warrant such a reduction. It is not clear whether the court denied Hampton’s motion based upon permissible grounds advanced by the government under section 3582(c)(1)(A)(i)—that Hampton failed to demonstrate extraordinary and compelling circumstances—or instead denied Hampton release due to a strict application of U.S.S.G. 1B1.13, which the government invoked, but which is no longer a mandatory step Hampton must satisfy.