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Amicus Briefs

U.S. v Jeffrey Havis

CASE SUMMARY

Jeffery Havis was sentenced to federal prison in reliance on a provision of the U.S. Sentencing Guidelines Manual that was passed without required Congressional approval. The Guidelines set presumptive criminal sentences and were written by a federal agency. But because of their impact on individual liberty, they required approval by Congress.

Mr. Havis was sentenced, however, by a provision of the guidelines that was never sent to Congress for approval. This violated fundamental separations of powers required by the constitution. After unsuccessfully appealing his sentence before the U.S. Court of Appeals for the Sixth Circuit, NCLA filed an amicus brief in support of review by the full Court en banc.

The Court granted review and vacated the enhancement.

OUR TEAM

Mark Chenoweth
President and Chief Legal Officer

RELEVANT MATERIALS

NCLA FILINGS

USA v. Jeffery Havis Opinion and Judgment Filed

June 6, 2019 | Read More

USA v Jeffery Havis Appeal Granted

April 18, 2019 | Read More

PRESS RELEASES

NCLA Wins Repeal of Judicial Deference Doctrine by Sixth Circuit

June 6, 2019 | Read More

NCLA Applauds Sixth Circuit’s Grant of Rehearing en Banc in U.S. v. Havis

April 18, 2019 | Read More

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