by Matthew Russell Lee, Patreon Book Substack
SDNY COURTHOUSE, Aug 2 – The case involving Devon Archer, Inner City Press has been covering for years.
Now it's in the news, with Archer testifying to Congress and speaking afterward. Inner City Press continues to follow the US v. Galanis et al case in SDNY, and late on August 2, 2023 this was filed, now on Patreon here:
Dear Judge Abrams: We represent Devon Archer and write in opposition to the Government’s request to set a surrender date while Mr. Archer continues his appeal to the United States Supreme Court, and a parallel petition for a writ of habeas corpus. With respect to his direct appeal, as the Court previously found when granting Mr. Archer’s motion for bail, Mr. Archer’s appeal raises a “substantial question of law or fact,” and he would likely serve the entirety of his sentence before his appeal is decided. [ECF No. 1017, at 14]. Further, the government has now conceded that there was a straightforward sentencing error that, while deemed forfeited for purposes of Mr. Archer’s direct appeal, will result in what should be a successful habeas petition and resentencing. Accordingly, we respectfully request that the Court deny the Government’s motion to set a surrender date. [ECF No. 1073]. Mr. Archer will file his petition for writ of certiorari on or before the October 16, 2023 deadline. Mr. Archer anticipates raising several grounds in his petition, including but not limited to (1) the Second Circuit’s misapplication of the Federal Rule of Criminal Procedure 33 standard, which is in tension with the Rule 33 jurisprudence in virtually every other Circuit; (2) the Second Circuit’s holding that this Court did not err in deferring to facts it believed were “implicit” in the jury’s verdict, even if not necessarily found by the jury beyond a reasonable doubt; and (3) the Second Circuit’s refusal to review a conceded and plain Sentencing Guidelines error. A reversal of the Second Circuit’s new interpretation of Rule 33 would result in a new trial for Mr. Archer. Alternatively, a remand for resentencing – whether as a result of further appeal or habeas relief – with an accurate and lower Guidelines range may result in a lower sentence. Either way, the imposition of his sentence now would deny Mr. Archer the benefit of his appeal, if successful." Full letter on Patreon here.
No mention of Congress, or the topic.
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