Oregon Law Review : Vol.100, No.1 (2021)

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Browsing Oregon Law Review : Vol.100, No.1 (2021) by Author "Costello, Ryan"

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    Stacked Injustice and an Avenue for Relief: The Interplay of “Stacked” 18 U.S.C. § 924(c) Convictions and Expanded Compassionate Release Under the First Step Act
    (University of Oregon School of Law, 2021-12-15) Costello, Ryan
    In Part I, this Comment sets forth the historical context of § 924(c) in terms of legislative background, Supreme Court interpretation, and subsequent congressional adjustment. This explanation of § 924(c) illustrates how we have arrived at the current iteration of the law and the extensive dialogue Congress and the courts have had regarding its meaning and purpose. Part II explores controversial sentences imposed under § 924(c) and judicial pleas for presidential, prosecutorial, or legislative action to redress the wrongs imposed.Part III addresses congressional changes made to both § 924(c) and compassionate release via the First Step Act, and it articulates that, despite Congress mandating that changes to § 924(c) be nonretroactive, relief is appropriate on a case-by-case basis for those incarcerated under stacked § 924(c) charges through compassionate release. Part IV addresses, then dispels, concerns that such relief may be an end around of legislative intent with regard to stacked § 924(c) charges, explaining that foreclosing blanket retroactivity does not preclude relief on a case-by-case basis. Part V provides additional support for case-by-case relief on the basis of two particularly germane sentencing factors, which are relevant when considering a reduction in sentence via compassionate release.
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