NACDL’s Return to Freedom Project helps those serving overly harsh sentences seek relief by partnering with partner organizations to recruit, train, and support pro bono volunteers to secure clemency, compassionate release, or expungement. 

Brief of Amici Curiae National Association of Criminal Defense Lawyers and FAMM in Support of Defendant/Appellee’s Petition for Rehearing and/or Rehearing En Banc.

Argument: Appellee Raia’s Petition for Rehearing addresses the discretion of a district court to excuse the 30-day waiting period for compassionate release under the First Step Act, 18 U.S.C. §3582(c)(1)(A). On April 2, 2020, the Panel declined to remand this case under Federal Rule of Appellate Procedure 12.1, stating that remand would be “futile.” In so ruling, the Panel necessarily concluded that the 30-day waiting period cannot be excused or waived. That conclusion was inconsistent with both Supreme Court and Circuit precedent. The ruling creates inconsistency in the Circuit’s treatment of all claims-processing rules, and undermines courts’ equitable authority in a wide range of cases. The30-day waiting period is a nonjurisdictional claims-processing rule. Courts may excuse noncompliance with that rule absent an express prohibition on doing so. Remand is therefore not “futile.” The Panel’s sua sponte conclusion to the contrary was error. Rehearing should be granted to correct the Panel’s error and confirm that judges are empowered to address “extraordinary and compelling” circumstances even when they arise exigently. At a minimum, the Panel should grant rehearing and order full briefing on this important issue, which was neither decided below nor fully briefed on appeal.

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.

The purpose of this project is to match currently incarcerated individuals with pro bono lawyers to assist them in completing their clemency petitions. Having counsel through the clemency process greatly increases the chances of success, and this project will help to ensure that those who are most at risk of illness from COVID-19 and who cannot afford a lawyer have access to meaningful review. This project is open to anyone who is currently serving a Virginia state sentence for non-capital offenses, whose case has concluded (all appeals have been exhausted).

Pursuing multiple avenues of relief for those directly impacted by a cannabis conviction and its consequences through clemency, compassionate release, expungement, and reform.

Last Prisoner Project and Nation’s Criminal Defense Bar Establish Cannabis Justice Initiative — Washington, DC (March 23, 2021) — The National Association of Criminal Defense Lawyers (NACDL) and the Last Prisoner Project (LPP) today announced the establishment of the Cannabis Justice Initiative, a new initiative focused on bringing much-needed relief to individuals whose lives continue to be negatively impacted by cannabis criminalization.

NACDL’s Trial Penalty Clemency Project seeks to recruit volunteers to assist federal prisoners seeking commutations. 

Para Familiares y Conocidos de Personas en Prisiones Federales

En repuesta a la pandemia global de COVID-19, el proyecto para liberación compasiva federal relacionado al COVID-19 fue establecido para las personas detenidas en las prisiones federales, que son mayor de edad o tienen condiciones médicas que lo dejan más vulnerable al COVID-19. Si su ser conocido está detenido en una prisión federal y es mayor de edad o tiene condiciones médicas que le deja más vulnerable al COVID-19, por favor llena el formulario. Desafortunadamente no podremos ayudar a todos pero estamos haciendo todo posible.

Information for Family Members and Loved Ones of Vulnerable People in Federal Prison

In response to the worldwide COVID-19 pandemic, the Compassionate Release Clearinghouse COVID-19 Project was created to help elderly and medically vulnerable people in federal prison seek early release from prison. If you are a family member of someone in federal prison who is elderly or medically vulnerable, please complete this questionnaire. Unfortunately, we cannot help everyone, but we are doing everything we can.

Stories from NACDL's Return to Freedom Project.

Stories of Freedom: ZoAnn Brown

Stories of Freedom: Teresa Griffin

Stories of Freedom: Raeanna Woody

Stories of Freedom: Kenny Gragg