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.

S261827 (Cal. Sup. Ct.)

NACDL, et al., filed a Petition for Writ of Mandate Seeking the Immediate and Significant Reduction of County Jail and Juvenile Facility Populations Across the State of California. As explained in the petition, the conditions in these facilities constitute violations of the U.S. Constitution’s Eighth Amendment prohibition on cruel and unusual punishment as well as violations of individuals’ Due Process rights under the Fourteenth Amendment, in addition to violations of the California Constitution and other state and federal laws.

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.

Order

Argument: Stewart was convicted after trial of bank robbery and two counts of § 924(c) and sentenced to nearly 42 years. He had served 13 years (and, including a MDNC case, a total of 28 years) at time 3582(c)(1)(A) motion filed.

Court found following intervening changes in law to be ECR: guidelines are no longer mandatory (Booker); second 924(c) charge would carry only 5-year consecutive sentence, not 20 years; Stewart would not be a career offender today because predicate NC offense does not qualify under Simmons. Court notes it is not "correcting" a sentence; rather it is considering "changes in sentencing law—even nonretroactive ones—in assessing whether a defendant has shown extraordinary and compelling reasons warrant a reduction in his sentence." Court also notes Stewart's age (56) and Stewart's hypertension, and the rampant COVID outbreak at Ft. Dix.