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United States v. Chatrie, No. 3:19-cr-130 (E.D. Va.)
In United States v. Chatrie, No. 3:19-cr-130 (E.D. Va.), Okello Chatrie was charged with armed robbery based on Google Sensorvault data obtained by law enforcement via a geofence warrant. Chatrie is represented by Michael Price, Senior Litigation Counsel for the Fourth Amendment Center, and Laura Koenig, a public defender in the Eastern District of Virginia.
United States v. Redd, 444 F.Supp.3d 717 (E.D. Va. 2020)
Memorandum Opinion granting sentence reduction
Argument: Derrick Redd was sentenced to 603 months based on three stacked 924(c)s and robbery offenses. Court held that: (1) Mr. Redd had exhausted his administrative remedies; (2) extraordinary and compelling reasons existed to warrant reduction in his sentence; (3) reduction in Mr. Redd’s sentence was consistent with applicable policy statements; and (4) reduction of his sentence from 45 years to 15 years was appropriate.
United States v. Owen, 2020 WL 7407872, at *1 (E.D. Va. Dec. 17, 2020)
Addendum to Motion (Aug. 6, 2020)
Motion for Reconsideration (Nov. 6, 2020)
Order (Dec. 17, 2020)
Argument: Motion for reconsideration; court had previously denied motion in October based on lack of medical condition; no grating MRF due to sentencing disparity based on 924(c) stacking. Discussion is relatively light – Owen was originally a co-defendant of McCoy (whose case was heard by the 4th Cir.)
U.S. v. McLean 1991 FEL 3760 (D.C. Sup. Ct.) and 1:97-cr-00163-LMB (E.D. Va.)
Motion for Compassionate Release (March 11, 2021)
Order Granting Compassionate Release Under D.C. Code (Feb. 1, 2021)
Order Granting Federal Compassionate Release (April 23, 2021)
Argument: Mr. McLean was incarcerated for a DC code offense. While held at Lorton, he incurred a federal charge in the Eastern District of Virginia. Obtained a reduction in sentence to time served from DC Superior Court, and then filed in federal court to reduce his 33 month federal sentence. With this second grant, Mr. McLean is on his way home.
Of special note: McLean had recovered from COVID and also received one dose of the Moderna vaccine. However, the government acknowledged that "vaccine efficacy in immunocompromised persons such as defendant is currently unknown," and so the court found that Mr. McLean "faces a particularized risk of serious illness if he should become reinfected with COVID-19."
The court also took note of Mr. McLean's vulnerability as a Black man over 50 in granting release, citing to the CDC's data on "Risk for COVID-19 Infection, Hospitalization, and Death By Race/Ethnicity." ("compared to white, non-Hispanic persons, African Americans are 2.8 times as likely to be hospitalized and 1.9 times as likely to die from COVID-19, despite being only I.I times as likely to get sick with COVID-19.").
United States v. Everett (E.D. Va. 2021)
Order and Memo
Argument: Remarkably persuaded Judge Brinkema to reduce Mr. Everett's 300-month sentence by half although he had already tested positive for COVID and is relatively young. Mr. Everett argued that if sentenced today, the 851 the government sought at his sentencing would no longer apply and his guideline range would be much lower as a result, which the Court clearly found compelling.
United States v. Knellinger
Trial court amicus curiae memorandum submitted by NACDL arguing that the provision of the Adam Walsh Child Protection Act of 2006 restricting a criminal defendant’s access to evidence relevant to his or her defense in child pornography prosecutions (18 U.S.C. § 3509(m)) violates a criminal defendant’s Sixth Amendment confrontation, compulsory process and effective assistance of counsel rights and the Fifth Amendment’s guarantee of due process of law.