Compassionate Release Motions and Decisions by Jurisdiction
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Showing 1126 - 1140 of 1298 results
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- Cases & Briefs
United States v. Nicholson, 8:03CR268 (D. Md. May 21, 2021)
Originally sentenced to life imprisonment dictated by an 851 enhancement. Even during his 2004 sentencing, the sentencing judge had said he would have imposed a lesser sentence if he had the authority to do so. The court found ECR to reduce Mr. Nicholson’s sentence based on the disparity between the sentence he received and the one he would receive today following Section 401 of the FSA. Alternatively, the court held that it had the authority to reduce Mr. Nicholson’s sentence under Section 404 (crack retroactivity) of the First Step Act by applying current 851 law.
Order (5/27/21)
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- Cases & Briefs
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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- Cases & Briefs
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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- 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)
