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Fourth Circuit Announces Sentencing Disparity Between Defendant and Co-Defendants Alone Constitutes ‘Extraordinary and Compelling’ Reason Sufficient to Justify Compassionate Release
The United States Court of Appeals for the Fourth Circuit held that the U.S. District Court for the Eastern District of Virginia did not abuse its discretion in granting the defendant’s motion for compassionate release based on sentencing disparities alone between the defendant and his co-defendants because those disparities constituted ...
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More from this issue:
- Probabilistic Genotyping on Trial: Can We Trust the Secret Algorithms Deciding Guilt?, by Michael Thompson
- SCOTUS Announces Sentence ‘Has Not Been Imposed’ for Purposes of First Step Act Retroactivity Upon Resentencing When § 924(c) Offender Sentenced Prior to Act’s Enactment but Sentence Subsequently Vacated, by Richard Resch
- 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, by Douglas Ankney
- U.S. Sentencing Commission Adopts 2025 Amendments to Resolve Circuit Conflicts, by David Kim
- The Flawed Science of Cannabis Impairment Detection: The Need for Evidence-Based Reform, by David Kim
- Summary of the 2025 Drug Offenses Amendment by the U.S. Sentencing Commission, by David Kim
- Tenth Circuit Announces Motor Vehicles Are Not Per Se Instrumentalities of Interstate Commerce Under Commerce Clause for Purposes of the Federal Kidnapping Statute, by David Kim
- SCOTUS Announces Courts May Not Consider § 3553(a)(2)(A)—Retribution—When Deciding Whether to Revoke a Term of Supervised Release, by Richard Resch
- Nebraska Supreme Court Clarifies Procedure for Crediting Jail Time to Multiple Contemporaneously-Imposed Sentences, by Matthew Clarke
- First Circuit: Prosecutor’s Breach of Plea Agreement Requires Government’s Specific Performance of Agreement, Not Specific Performance by District Court, by David Reutter
- The Quiet Transformation of Government Data into a Mass Surveillance Tool, by David Kim
- California Court of Appeal: Trial Court Misconstrued Elements of Implied Malice Theory of Provocative Act Murder Under Current Law and Reverses Denial of Petition for Resentencing, by Sagi Schwartzberg
- Ninth Circuit: ‘Dominion and Control’ Provision of Search Warrant for Suspect’s Computer That Lacked Temporal or Other Limitation Constitutes General Warrant, by Anthony Accurso
- Illinois Supreme Court Announces Conviction for Attempted First Degree Murder Requires ‘Intent to Kill Without Lawful Justification, by Jeffrey Cohen
- AI Honeypots: Police Are Using Chatbots to Pose as Teens and Sex Workers to Entrap Suspects, by Michael Thompson
- The Arrival of REAL ID: National ID Cards and Internal Passports in America, by David Kim
- Eleventh Circuit Announces Sixth Amendment Right to Proceed Pro Se at Sentencing if Defendant ‘Clearly and Unequivocally’ Expresses Desire to Do So After Faretta Inquiry, by Jeffrey Cohen
- Beyond the City Limits: How Rural Sheriff’s Departments Are Driving the Spike in Police Killings, by David Kim
- DEA’s Secret Phone Surveillance Program ‘Hemisphere’ Sparked Internal Warnings—Then a Cover-Up, by Charles "Keith" Wampler
- Fourth Circuit Announces Sentencing Disparity Between Defendant and Co-Defendants Alone Constitutes ‘Extraordinary and Compelling’ Reason Sufficient to Justify Compassionate Release, by David Kim
- News in Brief
More from David Kim:
- Central Bank Digital Currencies: Trojan Horses Delivering Mass Surveillance Under the Guise of Monetary Innovation, Aug. 15, 2025
- U.S. Sentencing Commission Adopts 2025 Amendments to Resolve Circuit Conflicts, Aug. 1, 2025
- The Flawed Science of Cannabis Impairment Detection: The Need for Evidence-Based Reform, Aug. 1, 2025
- Summary of the 2025 Drug Offenses Amendment by the U.S. Sentencing Commission, Aug. 1, 2025
- Tenth Circuit Announces Motor Vehicles Are Not Per Se Instrumentalities of Interstate Commerce Under Commerce Clause for Purposes of the Federal Kidnapping Statute, Aug. 1, 2025
- The Quiet Transformation of Government Data into a Mass Surveillance Tool, Aug. 1, 2025
- The Arrival of REAL ID: National ID Cards and Internal Passports in America, Aug. 1, 2025
- Beyond the City Limits: How Rural Sheriff’s Departments Are Driving the Spike in Police Killings, Aug. 1, 2025
- Fourth Circuit Announces Sentencing Disparity Between Defendant and Co-Defendants Alone Constitutes ‘Extraordinary and Compelling’ Reason Sufficient to Justify Compassionate Release, Aug. 1, 2025
- SCOTUS Announces ‘Economic Loss’ Not Required to Violate Federal Wire Fraud Statute, July 1, 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.
- Third Circuit Rejects U.S. Sentencing Commission Amended Compassionate Release Policy, July 15, 2025. U.S. Sentencing Guidelines, Compassionate Release.
- Alabama’s Oldest Prisoner Dies in Hospital, July 15, 2025. Geriatric Classification, Totality of Conditions, Age, Compassionate Release.
- Fourth Circuit: Procedurally Unreasonable Sentence Where District Court Failed to Address Defendant’s Non-Frivolous Downward Variance Argument Based on Sentencing Disparity Due to Which State’s Statute Prior Conviction Based Upon, May 15, 2025. Sentencing, Failure To Consider Disparity, Federal-State Differences/Disparity/Conflicts, Disparity in Charging/Sentencing Practices.
- Michigan Allows More Releases for Medically Frail Prisoners, Feb. 15, 2025. Compassionate Release.
- U.S. Sentencing Commission Publishes Data Report on Compassionate Release in FY 2023, Oct. 1, 2024. COVID-19, Statistics/Trends, Compassionate Release, Official Report.
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024. Retroactivity, Guideline Amendment/Variances and Retroactivity, Compassionate Release.
- California Court of Appeal Holds Defendant Suffering From ALS and Near Death Entitled to Compassionate Release, Sept. 1, 2024. Nervous System, Failure to Treat, Compassionate Release.
- Alabama Denies Parole to Dead Prisoner, Aug. 15, 2024. Wrongful Death, Conditions of, Sentences - Length/Severity of, Compassionate Release.
- Massachusetts High Court Calls Denial of Prisoner’s Medical Parole without Risk Assessment Arbitrary and Capricious, April 1, 2024. Parole Board Misconduct, Special Parole, Compassionate Release.
