Concepcion v. United States

Brief of FAMM, the National Association of Criminal Defense Lawyers, and the National Association of Federal Defenders as Amici Curiae in Support of Petitioner.

Brief filed: 11/22/2021


Concepcion v. United States

United States Supreme Court; Case No. 20-1650

Prior Decision

Decision below 991 F.3d 279 (1st Cir. 2021)


Trial judges must consider a defendant’s post-sentencing conduct and intervening legal developments when exercising their Section 404 authority to “Impose A Reduced Sentence.” Evidence of post-sentencing conduct and intervening changes in law significantly affects district courts’ exercise of Section 404 sentencing discretion—producing fairer and more appropriate sentences. The text and statutory context of the First Step Act compel consideration of post-sentencing conduct and intervening legal developments.


Andrew J. Pincus and Charles A. Rothfeld, Mayer Brown LLP, Washington, DC; Eugene R. Fidell, Yale Law School, New Haven, CT; Mary Price and Shanna Rifkin, FAMM, Washington, DC; David M. Porter, NACDL, Sacramento, CA; Michael C. Holley, NAFD, Nashville, TN.

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