Circuit Splits Reported in U.S. Law Week—September 2022

U.S. Law Week summarizes selected splits among U.S. federal courts of appeals each month.

Criminal Law

Case:

United States v. Chen, 2022 BL 329960 (Article)

Issue:

Can federal district courts reviewing compassionate-release motions consider the First Step Act’s non-retroactive sentencing changes and other factors particular to defendants? The Ninth Circuit joins the First, Fourth, and Tenth circuits, saying that courts can consider such changes along with other factors. The Third, Seventh, and Eighth circuits say that district courts can’t consider non-retroactive changes, whether alone or with other factors.

Criminal Law

Case:

United States v. Bentley, 2022 BL 322662 ...