Hidden in Plain Sight — Reconsidering the Use of Race Correction in Clinical Algorithms (bond & the criminal legal system is used as an example). Published in the New England Journal of Medicine.

Evolution of Federal Drug Sentencing to Compassionate Release

For John Bailey, achieving justice involved a long journey on both straight and winding roads with many obstacles along the way. But trying as it may have been, the odyssey ended by arriving at the sweetest of destinations – freedom.

Additional resources on second look sentencing.

Coalition letter to House and Senate Judiciary Committee leadership and Congressional leadership regarding the sentencing and racial disparities between crack and powder cocaine offenses, as addressed in the Eliminating a Quantifiably Unjust Application of the Law (EQUAL) Act (S. 79 / H.R. 1693, 2021).

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.

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner.

Argument: Certiorari is warranted because the Third Circuit’s decision prohibits a whole class of crack-cocaine offenders from being eligible for resentencing under the First Step Act while identically situated defendants in other circuits may be resentenced.  The Third Circuit’s rule is inconsistent with Congress’s goal of providing relief to low-level drug offenders because it excludes the lowest-level offenders and those with uncertain drug amounts from resentencing while allowing those who possessed greater amounts of crack cocaine to obtain relief.  Defendants convicted for possessing lower-quantities of crack cocaine could receive substantial sentence reductions even though they remain eligible for the same sentence.  The Third Circuit’s rule frustrates Congress’s goal of providing relief to the disproportionate number of Black Americans incarcerated for crack-cocaine offenses.

The First Step Act (P.L. 115-391 756) was signed into law on December 21, 2018. The Act is a federal criminal justice reform bill that changes many harsh federal sentencing laws.  The Act also expands compassionate release for qualifying federal inmates and offers current federal inmates rehabilitative programming and the possibility for early release from prison.

Kyle O'Dowd, Shana-Tara Regon and Michael Price, Notes from the Defense Bar: Fighting for Reform on Three Fronts During the Obama Administration, Federal Sentencing Reporter (December 2010).

NACDL President Chris Adams' written statement to the Indiana state Senate Corrections and Criminal Law Committee regarding proposed changes to the qualifications for parole, as laid out in HB 1202 (2021).

Coalition Letter to the Oregon Legislature's Senate Judiciary Committee regarding improvements to state compassionate release laws, as proposed in SB 835 (2021).

In December 2020, NACDL released model legislation and an accompanying report discussing “second look” legislation. The proposed legislation is a fully developed draft bill for consideration by the states.

It has become increasingly clear that any meaningful effort to turn the tide of mass incarceration must grapple with the epidemic of extreme sentences that has taken hold of the United States prison system.

Resources for "Second Look = Second Chance: The Case for Reconsidering Lengthy & Other Extreme Sentences," a webinar that took place March 11th, 2021.

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.