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Fourth Circuit: Denial of Motion for Compassionate Release Abuse of Discretion Where District Court Failed to Properly Address Numerous Health Issues, Advanced Age, and Relevant § 3553(a) Factors
Loaded on June 15, 2023
by Douglas Ankney
published in Criminal Legal News
July, 2023, page 26
Filed under:
Parole Board Misconduct,
Cancer,
Section 3553(a) Factors,
Compassionate Release.
Location:
Virginia.
by Douglas Ankney
The U.S. Court of Appeals for the Fourth Circuit held that a District Court’s denial of a motion for compassionate release was an abuse of discretion where the District Court concluded that Lonnie Edward Malone’s numerous health conditions did not provide extraordinary and compelling reasons for release ...
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More from this issue:
- The Inevitability of Central Bank Digital Currencies and Their Threat to Human Rights, by Anthony Accurso
- SCOTUS Announces ‘Right-to-Control’ Theory Not Valid Basis for Liability Under Federal Wire Fraud Statutes, by Richard Resch
- Texas Court of Criminal Appeals: Trial Court Deprived Defendant of Opportunity to Present Complete Defense, by Douglas Ankney
- SCOTUS: Honest-Services Fraud Jury Instructions Regarding Private Citizen Too Vague, by Richard Resch
- New Commission in Georgia Will Discipline and Remove Prosecutors Who Are Seen as Not Tough Enough on Crime, by Jo Ellen Nott
- Fifth Circuit: Placing Jacket Within Fenced-In Area of Home in Presence of Police Evidences Clear Intent Not to Abandon It, Warrantless Search Violates Fourth Amendment Rights, by Richard Resch
- California Court of Appeal Reiterates ‘Three Strikes’ Law Does Not Limit ‘Presentence’ Custody Credits, Defendant Entitled to Credits Calculated Under Penal Code § 4019, by Douglas Ankney
- Ninth Circuit: Government’s Inflammatory Arguments in Sentencing Memorandum and at Sentencing Hearing Implicitly Breached Plea Agreement Promise Not to Recommend Sentence in Excess of Low-End Guidelines Range, by Douglas Ankney
- Georgia Supreme Court Announces Overruling Longstanding Rule That Anything Filed by Defendant While Represented by Counsel Is Always a ‘Legal Nullity’, by Douglas Ankney
- Fourth Circuit: Denial of Motion for Compassionate Release Abuse of Discretion Where District Court Failed to Properly Address Numerous Health Issues, Advanced Age, and Relevant § 3553(a) Factors, by Douglas Ankney
- Fourth Circuit Declines to Enforce Appeal Waiver and Procedural Default Excused by ‘Cause and Actual Prejudice,’ Reverses Denial of § 2255 Motion to Vacate § 924(c) Conviction Based on Hobbs Act Conspiracy, by Douglas Ankney
- Saul Kassin Probes Dangerous Practices in ‘Duped: Why Innocent People Confess-and Why We Believe Their Confessions’, by James Doyle
- Fourth Circuit: Counsel Ineffective for Failing to Raise Change in Sentencing Precedent Following Remand, by David Reutter
- Fourth Circuit Holds Ineligibility for First Step Act Safety Valve Relief Requires Proof of All Three Listed Criminal History Characteristics Satisfied, Widening Circuit Split, by David Reutter
- First Circuit: Plain Error Where District Court Based Upward Variant From Sentencing Guidelines Range on New Information Not Already in the Record at the Time of Sentencing, by Douglas Ankney
- Indiana Supreme Court: Petitioner Entitled to File Belated Appeal More Than 21 Years After Conviction, Holding He Acted ‘Promptly’, by Douglas Ankney
- Fourth Circuit Announces Rehaif Applies to All § 922(g) Firearms-Possession Offenses and Applies Retroactively to Initial § 2255 Motions, by Douglas Ankney
- Arkansas Supreme Court Reverses 11 Counts of Possession of Child Pornography Because CGI Images Do Not Depict Image of a Child, by Douglas Ankney
- Specialized Police Units Hunt People for ICE, by Keith Sanders
- Banishment: Using an Ancient Solution to Address a Modern Problem, by Benjamin Tschirhart
- Police Can Get More From Your Phone Than You May Believe, by Michael Thompson
- Civilian Police With Military Equipment, by Edward Lyon
- Cops Aren’t Just Murdering People With Impunity – They Also Conduct Bogus Traffic Stops, by Anthony Accurso
- Inspector General Report: FBI Routinely Abused Access to Private Communications, by Eike Blohm, MD
- New Orleans Authorizes Facial Recognition to Identity Suspects, by Michael Thompson
- Financial Pressure Finally Brings Police Reform, by Jayson Hawkins
- The ACLU Calls for a Moratorium on Blanket Recording of ALPR Footage, by Kevin Bliss
- Police Sketch Bot Arrives, by Carlo Difundo
- Police Study Shows That Reform and Effectiveness Are Not Mutually Exclusive, by Benjamin Tschirhart
- ‘Contagion Effect’ Spreads Brutality Among Police Officers, by Eike Blohm, MD
- Memphis Police Beat Man to Death, by Kevin Bliss
- America’s Latest “War on” … Protestors, by Casey Bastian
- Minnesota Abolishes Life Without Parole for Juveniles, by Jordan Arizmendi
- Louisiana Jury Selection Illegal According to Recently Passed Bill, by Kevin Bliss
- News in Brief
More from Douglas Ankney:
- Third Circuit Upholds Award of $265,000 to Prisoner Who Was Sexually Assaulted Twice by the Same Guard, Aug. 1, 2025
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025
- $340,000 for Former Massachusetts Prisoner Whose Baby Was Stillborn, July 15, 2025
- New Jersey Supreme Court Refuses Guard’s Challenge to Firing for Failing to Report Kiss with Prisoner, July 15, 2025
- New York City Loses Bid to Withhold Jail Records, July 15, 2025
- Eleventh Circuit Announces New Deliberate Indifference Framework in Dismissing Georgia Prisoner’s Claim for Skipped Anti-Seizure Meds, July 15, 2025
- Washington Jail Settles DOJ Allegations of ADA Noncompliance in Failure to Treat Opioid Use Disorder, July 15, 2025
- Ohio Supreme Court Says Sheriff Must Get and Disclose Records of Private Contractors, July 15, 2025
- Third Circuit Rejects U.S. Sentencing Commission Amended Compassionate Release Policy, July 15, 2025
- South Carolina Prisoners Granted Class-Action Status in Suit Over Low Wages in Prison Industries Jobs, July 15, 2025
More from these topics:
- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Release and Reentry, Bureau of Prisons (BOP), Compassionate Release.
- $325,000 Paid to Former Wisconsin Prisoner Whose Cancer Biopsy Was Delayed by Previously Disciplined Doctor, Aug. 1, 2025. Cancer, Failure to Treat, Malpractice.
- Fourth Circuit Announces Sentencing Disparity Between Defendant and Co-Defendants Alone Constitutes ‘Extraordinary and Compelling’ Reason Sufficient to Justify Compassionate Release, Aug. 1, 2025. Sentencing Disparity, Failure To Consider Disparity, Length of Co-Defendant's Sentence, Disparity Among Co-Defendants, Compassionate Release.
- Third Circuit Rejects U.S. Sentencing Commission Amended Compassionate Release Policy, July 15, 2025. U.S. Sentencing Guidelines, Compassionate Release.
- Tennessee Board of Parole Spanked for Failing to Make Recommendation to Governor on Prisoner’s Clemency Application, July 15, 2025. Parole Board Misconduct, Pardons/Clemency, Probation, Parole & Supervised Release, Release Decisions.
- Alabama’s Oldest Prisoner Dies in Hospital, July 15, 2025. Geriatric Classification, Totality of Conditions, Age, Compassionate Release.
- Studies Link Incarceration with Lower Cancer Survival Rates—For Prisoner’s Partners, Too, May 1, 2025. Systemic Medical Neglect, Cancer.
- Florida Prisoner Released to Die Settles With Centurion Over Ignored Prostate Cancer, May 1, 2025. Centurion, Cancer, Settlements, Medical Neglect/Malpractice, Deliberate Indifference.
- $9.9 Million Paid to Washington Prisoner Whose Misdiagnosed Cancer Is Now Terminal, Feb. 15, 2025. Systemic Medical Neglect, Cancer, Malpractice, Settlements.
- Michigan Allows More Releases for Medically Frail Prisoners, Feb. 15, 2025. Compassionate Release.