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Devon Archer Wins Resentencing for Counsel Error In Not Objecting to Wrong Guideline

by Matthew Russell Lee, Patreon Book Substack

SDNY COURTHOUSE, May 15 – The case involving Devon Archer, Inner City Press has been covering for years.

Then it was 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..."

 On August 7, Judge Abrams ruled: "ORDER as to Devon Archer: No later than August 11, 2023, the Government shall file a response to Defendant Archer's letter filed August 2, 2023. The Government's response should address: (1) why Mr. Archer should not remain on bail pending the Supreme Court's decision on his anticipated petition for certiorari pursuant to 18 U.S.C. § 3143(b)." Order on Patreon here

Cert was denied, but on May 15, 2024, Judge Abrams vacated his sentence, concluding "in light of counsel’s failure to object to the erroneous Guidelines range on which the Court relied, the Strickland test has been met. See Strickland, 466 U.S. at 687. The Court grants Archer’s petition for habeas relief, vacates his sentence, and sets this matter for resentencing. No later than May 22, 2024, the parties shall submit a joint letter to the Court proposing dates for Archer’s resentencing." Order on Patreon here

The overall case is US v. Galanis, et al., 16-cr-37 (Abrams)


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