Powerpoint slides by Emma Roth. Presented at the NACDL Post-Dobbs Defender Skills Summit in July 2023

We urge you to vote “no” on S. 1080, the Cooper Davis Act. The bill purports to address the sale of methamphetamine, fentanyl, and “counterfeit substances” by coopting online services to report the alleged or suspected creation, manufacture, or distribution of these substances … Rather than meaningfully addressing the public health crisis caused by such substances, this bill would … undermin[e] the Fourth Amendment and the Stored Communications Act, likely with disproportionate effects on people of color, LGBTQ+ people, and other marginalized communities.

Juan Carlos Barragan had served 16 years of his sentence when a federal judge reduced his sentence to “time served.” His release is one of the success stories of NACDL’s Return to Freedom Project, which files compassionate release motions and clemency petitions on behalf of federal prisoners convicted of marijuana crimes.

The undersigned national, state, and local public health and criminal justice reform organizations write today to urge you to reject and vote NO on the Halt All Lethal Trafficking of Fentanyl (HALT) Act (H.R. 467). This bill permanently schedules fentanyl-related substances (FRS) on schedule I of the Controlled Substances Act (CSA) based on a 2 flawed class definition, imposes mandatory minimums, and fails to provide an offramp for removing inert or harmless substances from the drug schedule.

COVID-19 Data in State & Federal Prisons [Engage & Exchange Discussion Series]

Iris Eytan, Dru Nielsen, and special guest moderator Martin Sabelli join the Engage & Exchange Discussion for COVID-19 & Courts Reopening - Lessons Learned in Litigation. 

NACDL: Jury Trials Not Safe Until COVID-19 Pandemic Under Control [Released June 2020]

This month John L. Kane reviews American Contagions: Epidemics and the Law from Smallpox to COVID-19 by John Fabian Witt.

RG20062694 (Ca. Sup.)

NACDL, et al. filed a class action lawsuit seeking release of medically vulnerable individuals from Santa Rita Jail in Alameda County, Calif.  The lawsuit seeks to compel Alameda County Sheriff Gregory Ahern to release all medically vulnerable people in custody at Santa Rita or in rare circumstances transfer them to home confinement.

NACDL opposed an executive order in Texas to restrict mechanisms of release and suspend speedy trial protections.

NACDL seeks volunteers in historic pro bono effort to secure compassionate release for the most vulnerable federal prisoners.

NACDL to Focus on Service and Support for Members, Clients, and Community Throughout Virus Emergency

Memorandum Opinion Granting Motion for Compassioante Release 

Argument: Court based ECR on COVID and medical issues (58, kidney cancer, Type 2 diabetes, heart disease, hypertension, chronic kidney disease, asthma, arthritis, and gout), HOWEVER, for 3553(a) factors, court focused on fact that Wise would not be a career offender today. 

The fact remains that if Wise had been sentenced in August 2019, as opposed to July 2019, he likely would have received a lower sentence than the one he received, because he would not have been labeled as a Career Offender. Viewed from that perspective, Wise's incarceration — for a period of about twelve months — is sufficient to serve the goals of incapacitation, deterrence, retribution, and rehabilitation.

Opinion and Order Granting Motion to Sentence Reduction 

Argument: Leon Ford Jr. was sentenced to 483 months for four counts, including two 924(c) counts. Motion based on diabetes and other health issues, as well as amendments to 924(c). Ford was also sentenced before the decisions in Booker and Dean that affected sentencing. Sentence reduced to time served (equivalent of 24 years with good time). Court noted and was “mindful” of sentencing disparity despite government concession that health issues and COVID alone constituted extraordinary and compelling reason. “[W]hile the sentencing disparities that result from the First Step Act’s amendment to 924(c) do not necessarily constitute extraordinary and compelling reasons warranting a sentence reduction, the Court is mindful of this factor in this case.”

Motion for Compassionate Release (Dec. 21, 2020)

Gov Response in Opposition (Jan. 15, 2021)

Def's Reply (Jan. 29, 2021)

Order Granting Compassionate Release (Mar. 30, 2021)

Argument: Hybrid second look/obesity as risk factor victory for Mr. Thornton, sentenced to life at a young age for his part in a drug conspiracy and related murder. While the Order is pretty spare, this is a partial reduction win, from life down to 30 years. The “primary reason appeared to be sentencing disparities among co-defendants and the change in sentencing law from Booker” The Government also conceded E&C based on obesity and Covid.