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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 by David Kim 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 …
Article • October 1, 2024 • from CLN October, 2024
U.S. Sentencing Commission Publishes Data Report on Compassionate Release in FY 2023 by Matthew Clarke by Matthew Thomas Clarke In June 2024, the U.S. Sentencing Commission released a data report on release for “extraordinary and compelling reasons” under 18 U.S.C. § 3582(c)(1)(A), also known as compassionate release (“CR”). The courts have …
Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release by Dale Chappell by Dale Chappell F ederal courts have increasingly rejected the government’s argument that the U.S. Sentencing Commission lacked authority in implementing U.S. Sentencing Guidelines (“USSG”) § 1B1.13(b)(6). This provision, effective as of November 2023, …
Article • September 1, 2024 • from CLN September, 2024
California Court of Appeal Holds Defendant Suffering From ALS and Near Death Entitled to Compassionate Release by Sam Rutherford by Sam Rutherford The California Court of Appeal, Fourth District, reversed a trial court’s refusal to grant compassionate release to a defendant diagnosed with amyotrophic lateral sclerosis (“ALS”) who had less …
‘How The Government Created a Terrorist’: FBI-Manufactured Crimes Reveal Urgent Need for Reforms by Douglas Ankney by Douglas Ankney In 2008, snitch Shahed Hussain worked as a paid informant for the Federal Bureau of Investigation (“FBI”). Hussain met James Cromitie in the parking lot of a mosque in impoverished Newburgh, …
Article • December 15, 2023 • from CLN December, 2023
Fourth Circuit: Disparate Sentence of 30 Years for Two § 924(c) Convictions Constitutes ‘Extraordinary and Compelling Reason’ for Early Release and § 3553(a) Sentencing Factors ‘Overwhelmingly’ Favor Sentence Reduction by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that Kelvin Brown’s disparate sentence …
Article • October 1, 2023 • from CLN October, 2023
U.S. Sentencing Commission Publishes Compassionate Release Datafile for Fiscal Years 2020-­2022 by Casey Bastian by Casey J. Bastian In September 2022, the U.S. ­Sentencing Commission (“USSC”) published its Compassionate Release Datafile (“Datafile”). The Datafile reported the statistics concerning motions for compassionate release filed between October 1, 2019, through March 31, …
Article • October 1, 2023 • from CLN October, 2023
California Court of Appeal: Trial Court Abused Discretion in Failing to Recall Terminally Ill Prisoner’s Sentence Following CDCR’s Recommendation for Compassionate Release by Douglas Ankney by Douglas Ankney The Court of Appeal of California, Sixth Appellate District, held that the Monterey County Superior Court plainly abused its discretion when it …
Article • September 1, 2023 • from CLN September, 2023
What’s ‘Sufficient’ Rehabilitation for Compassionate Release? by James Lockhart, Luke Sommer by James A. Lockhart and Luke E. Sommer In the relatively short history of compassionate release motions filed by prisoners, courts have consistently found that rehabilitation is an important element in determining whether or not relief is appropriate. See …
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 by Douglas Ankney The U.S. Court of Appeals for the Fourth Circuit held that a District Court’s denial of …
Article • May 15, 2023 • from CLN June, 2023
Beyond Rehabilitation: Personal Achievement and Selfless Service as Grounds for Federal Compassionate Release by Luke Sommer, James Lockhart by Luke E. Sommer and James A. Lockhart Prior to the passage of the First Step Actof 2018, federal prisoners had to rely on the Director of the Federal Bureau of Prisons …
Article • February 15, 2023 • from CLN March, 2023
Sixth Circuit Announces Nonretroactive Change in Sentencing Law Is Not an ‘Extraordinary and Compelling Reason’ Warranting a Sentence Reduction under Compassionate Release Statute by Douglas Ankney by Douglas Ankney A divided en banc U.S. Court of Appeals for the Sixth Circuit, in a 9 to 7 split, held that a …
Article • December 15, 2022 • from CLN January, 2023
Ninth Circuit Announces District Courts May Consider First Step Act’s Non-Retroactive Changes to Sentencing Law When Deciding Motion for Compassionate Release by Douglas Ankney by Douglas Ankney On an issue upon which the circuits are split, the U.S. Court of Appeals for the Ninth Circuit held that district courts may …
Article • November 15, 2022 • from CLN December, 2022
First Circuit Announces Courts May Consider First Step Act’s Non-Retroactive Changes to Sentencing Law in Determining Whether ‘Extraordinary and Compelling’ Reason Exists for Compassionate Release in Prisoner-Initiated Motion by Jacob Barrett by Jacob Barrett In a case of first impression in the circuit, the U.S. Court of Appeals for the …
Article • June 15, 2022 • from CLN July, 2022
Federal Prosecutors Directed to Stop Obtaining Compassionate Release Waivers From Defendants During Plea Agreements and to Not Enforce Previously Obtained Waivers by Harold Hempstead by Harold Hempstead On March 11, 2022, the Deputy Attorney General of the U.S. Department of Justice (“DOJ”) issued a Memorandum directing federal prosecutors to stop …
Publication • 2022
Examining Prison Releases in Response to COVID - July 2022 Examining Prison Releases in Response to COVID: LESSONS LEARNED FOR REDUCING THE EFFECTS OF MASS INCARCERATION Kelly Lyn Mitchell Julia Laskorunsky Natalie Bielenberg Lucy Chin Madison Wadsworth July 2022 Acknowledgements This report was prepared with support from Arnold Ventures. We …
Article • May 1, 2022 • from CLN May, 2022
Sixth Circuit: Courts May Consider Nonretroactive Change in Law as One of Several Factors for Extraordinary and Compelling Circumstances for Compassionate Release by Matthew Clarke by Matt Clarke The U.S. Court of Appeals for the Sixth Circuit held that the U.S. District Court for the Northern District of Ohio erred …
Article • November 15, 2021 • from CLN December, 2021
D.C. Circuit Joins Seven Other Circuits in Holding USSG § 1B1.13 Doesn’t Apply to Compassionate Release Motions Filed by Prisoners by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the D.C. Circuit joined seven other circuits and held that a compassionate release motion filed by a prisoner …
Article • October 15, 2021 • from CLN November, 2021
Filed under: Compassionate Release
Seventh Circuit: District Court Erred in Denying Compassionate Release Motion by Limiting ‘Extraordinary and Compelling’ Analysis to USSG § 1B1.13 by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit held that the U.S. District Court for the Northern District of Illinois must consider relevant …
Article • September 15, 2021 • from CLN October, 2021
11th Circuit: District Court Must Demonstrate It Considered § 3553(a) Factors When Denying Motion for Compassionate Release by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Eleventh Circuit vacated the U.S. District Court for the Southern District of Florida’s order denying compassionate release because the district …
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