Compassionate Release Motions and Decisions by Jurisdiction
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Showing 1006 - 1020 of 1185 results
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United States v. Powell, 3:06CR189-RJC (W.D.N.C.)
Mr. Powell is 68 years old, has served 170 out of a 262 month sentence, and is currently on CARES Act HC. If Mr. Powell was sentenced today, he would not be designated a “career offender.” Pro bono counsel was able to work with the AUSA on this case who ultimately did not oppose the motion as long as the ECR argument was limited to the age of the defendant only, as opposed to the career offender and home confinfement issues.
Unopposed Motion (Mar. 2, 2022)
Order (Mar. 8, 2022)
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US v. Hernandez, 2021 WK 3192161 (C.D. Ill. July 28, 2021)
Hernandez had a great COVID argument and a great excessive sentence argument, but both were foreclosed by Seventh Circuit opinions (Broadfield and Thacker) before court could rule. Instead, district court relied on remainign issues--changing attitudes about marijuana--as the extraordinary and compelling reasons and granted a reductionto time-served.
Amended Motion (Nov. 19, 2020)
Order (July 28, 2021)
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United States v. Gonzalez, 1:16CR162 (D. N.H. Aug. 31, 2021)
Defendant was subjected to 20-year man min based on 851 enhancement late in case--a year after indictment--pursuant to pursuant to then-AG Sessions’ new charging policy; “[w]hen Gonzalez’s sentence is compared to the sentences received by his co-conspirators, it is apparent that he received a disproportionately harsh sentence.” CR motion granted, with the court opting to hold a new sentencing hearing.
Motion (Feb. 26, 2021)
Order (Aug. 31, 2021)
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United States v. Rucker, No. 04-20150-JWL, 2021 WL 4061615, at *1 (D. Kan. Sept. 7, 2021)
Reducing sentence for defendant with a 2041 release date to time-served for a combination of reasons: a newly diagnosed serious cardiac condition with poor stats for 5-year survival, 924(c) unstacking, recent cooperation, and COVID risk. Also a post-vaccination COVID grant (although the vaccination status is only mentioned in the motions). Notably, this case is a lesson in persistence. The counsel or record filed, lost, appealed, won post-Maumau, got an expert, re-filed in the district court, briefed it all some more, and voila—the client is home)
Order (Sept. 7, 2021)
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United States v. Chandler, 5:99-cr-40044-HLT (D. Kan Aug. 27, 2021)
Joint agreement with government, notable because the sentencing change in this case was the removal of the recency criminal-history point from the guidelines, which had moved defendant up a criminal history category; also includes a section 404/crack retro argument because he was eligible, and argued the GL change there too. He had also served a long time and had good equities, and that guideline hook was enough to get some traction. Second look: not just for statutory changes.”
Motion (Aug. 26, 2021)
Order (Aug. 27, 2021)
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United States v. Busby, 3:16CR211 (N.D. Tex Apr. 20, 2021)
Early Home Confinement Compassionate Release grant. Court held: "After considering all the information surrounding Defendant’s Chronic Lymphocytic Leukemia, his advanced age (68) and unique circumstances, and the elevated risk caused by the COVID-19 Pandemic, should the BOP end his home-confinement designation and reincarcerate him, the court finds that Defendant has shown extraordinary and compelling circumstances."
Order (Apr. 20, 2021)
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United States v. Reyes, 1:09CR239 (M.D.N.C. Dec. 11, 2020)
District court agrees that defendant’s home confinement conditions affect her need for access to medical care, noting that her doctor's appointments have to be pre-authorized by her RRC case manager and needed repeated removal of her GPS monitor to undergo diagnostic and surgical care; sentence reduced to time-served.
Defendant's Unopposed Motion to Reduce Sentence (Dec. 8, 2020)
Order granting compassionate release (Dec. 11, 2020)
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United States v. Donnes, 1:16CR12 (D. Montana) (CARES Act HC grant)
CR Motion (May 21, 2021)
Government Response to Supplemental Reply (Aug. 10, 2021) (arguing that motion was not ripe becuase no one on CARES Act had yet been recalled back to prison).
Supplemental Reply (July 29, 2021)(discussing CARES Act HC and OLC Memo)
Order Granting Compassionate Release (Sept. 21, 2021) (finding ECR due to the defendant's need for assistance with his medical conditions which had been made logistically difficult due to his home confinement restrictions)