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

Argument: 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.

Brief of Proposed Amicus Curiae National Association of Criminal Defense Lawyers

Argument: Rule 31(b)(3) permits district courts to exercise discretion in declaring a mistrial or allowing a retrial. The district court carefully weighed the critically important interests underlying the Double Jeopardy Clause. 

NACDL applauds Judicial Conference statement on judicial sentencing discretion - Washington, DC (September 23, 2003) -- The National Association of Criminal Defense Lawyers welcomes today's decision by the federal courts' policy-making body to seek repeal of recent restrictions on judicial sentencing discretion.