John Dowling Authors Winning Brief, U.S. Court of Appeals Vacates
Working together with attorney Christopher J. Cassar, Mr. Dowling recently obtained a favorable result in a federal appeal involving sentence reduction. The two drafted a brief challenging the district court’s denial of a motion for sentence reduction and presented an argument based on statutory interpretation.
The U.S. Court of Appeals for the Second Circuit adopted their argument in a matter of first impression in the circuit—that the First Step Act’s exhaustion of remedies requirement is a non-jurisdictional and waivable claim processing rule.
In a published opinion, the Court vacated the district court’s order and sent the case back down for the court to consider the motion on the merits.
The case is United States v. Saladino, 7 F.4th 120 (2d Cir. 2021), available here.
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