| 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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