United States v. Bryant

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Appellant Thomas Bryant, Jr., Supporting Reversal.

Brief filed: 02/03/2020

Documents

United States v. Bryant

11th Circuit Court of Appeals; Case No. 19-14267

Prior Decision

On Appeal from the United States District Court for the Southern District of Georgia (No. 4:97-cr-182-JRH-BKE), The Honorable J. Randal Hall, Chief Judge

Argument(s)

Sentencing courts have broad discretion to modify a sentence under Section 3582(c)(1)(A)(i). Sentencing courts have authority to grant motions for compassionate release if the defendant does not meet one of the "extraordinary and compelling reasons" described by the Commission. Vesting sentencing courts with discretion to identify "extraordinary and compelling reasons" is consistent with the judge's role at an initial sentencing and does not open any "floodgates." The District Court's order should be reversed and the case remanded for further proceedings.

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Author(s)

Roy T. Englert, Jr. and Jessica Arden Ettinger, Robbins, Russell, Englert, Orseck, Untereiner & Sauber, LLP, Washington, DC; David Oscar Markus, NACDL, Miami, FL.