Dear friend,

FAMM has been busy this summer! Our sentencing reform work across the country has also found us at the Supreme Court.

FAMM filed an amicus brief on July 15, 2021, supporting Thomas Bryant's petition for certiorari, which is a request that the Supreme Court review a case. Bryant asks the Court to grant certiorari and consider the 11th Circuit ruling in his case, which denies district judges the authority to order compassionate release for any reasons other than those identified by the U.S. Sentencing Commission.

Shortly after passage of the First Step Act (FSA), lawyers began filing and winning compassionate release motions, not only for people who were medically vulnerable, but also for people whose sentences would be much lower today because of changes made by the FSA to gun and drug mandatory minimums. Changes to those sentences had not been made retroactive, so people were left to serve decades longer (or even life) in prison than people sentenced for the very same offense today.

FAMM's brief tells the stories of people granted early release from excessive sentences in other parts of the country who, had they been unfortunate enough to be sentenced in the 11th Circuit, would still be locked away today. This "story brief" is our way of explaining why this case is so important. We will let you know what the Supreme Court decides.

FAMM has also submitted an amicus brief for Erick Allen Osby, who is asking the Supreme Court to grant certiorari and review the Fourth Circuit Court of Appeals decision affirming the use of acquitted conduct in his case. In our brief, we urge the Court to review the case because sentencing based on acquitted conduct not only harms the defendant, who sees the jury verdict in their favor evaporate at sentencing; it also harms our public trust in criminal justice system.

We will let you know what the Supreme Court decides in both cases. In the meantime, please visit our website for updates on current cases and a record of past cases: https://famm.org/our-work/u-s-supreme-court/

Sincerely,

Mary Price
General Counsel, FAMM