Compassionate Release Motions and Decisions by Jurisdiction
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Showing 1096 - 1110 of 1255 results
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- Cases & Briefs
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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- Cases & Briefs
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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- Cases & Briefs
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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- Cases & Briefs
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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- Cases & Briefs
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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- Cases & Briefs
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)
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- Cases & Briefs
United States v. Brown, 2021 WL 2383011 (N.D. W. Va. June 9, 2021)
AUSAs supported this time-served CR grant for a meth client who received a very long guideline sentence after going to trial. Remarkably: this is not a disparity case---nothing about Mr. Brown's sentence or guideline range would be different today. But the judge agreed that pre-2016 meth offenses like Brown's weren't nearly as serious as they typically are today.
Order (June 9, 2021)
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- Cases & Briefs
United States v. Steele, 2:10-cr-20037-JWL (D. Kan July 1, 2021)
Grant based on § 851, reducing 300-month meth sentence to time served, a 10-year reduction. Client received an 851 he would no longer be eligible for, plus signs of dementia (documented by family letter although not in BOP records), age, and some discussion of the fact that the case involved entrapment in the government’s undercover-enhanced case, even though jury still convicted.
Order (July 1, 2021)
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- Cases & Briefs
Last Prisoner Project Amicus: United States v. Scarmazzo, 1:06CR342 (E.D. Cal. June 1, 2021)
Amicus brief filed on behalf of compassionate release motion discussing the over-criminization of marijuana; the significant changes in marijuana laws over the years, and arguing that incarceration of non-violent cannabis offenders fails to serve the public interest.
Amicus Brief (E.D. Cal. June 1, 2021)
