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What U.S. v. Brooker Could Mean for Your Case (October 1, 2020)
Tom Church of Pate, Johnson & Church, who apparently reads everything and provides a very useful compilation of compassionate release decisions, will discuss the groundbreaking Second Circuit opinion in U.S. v. Brooker. The appeals court held that district courts have broad discretion to decide what constitute extraordinary and compelling reasons for a reduction-in-sentence under 18 USC § 3582(c)(1)(A) and are not limited by the outdated Sentencing Guideline at USSG 1B1.13 in making that determination. This opinion, and forthcoming decisions in the Fourth, Eleventh, and other circuits promise to transform litigation under 18 USC § 3582(c)(1)(A).
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The Sometimes Forgotten Second Half of your Compassionate Release Motion (September 24, 2020)
- We open with Danielle Pfifferling of Finnegan to share highlights from her victory in U.S. v. Jucutan. No 1:15cr17 (D. NMI). Remember we told you about the case last week in which the judge found that federal prison is not safer than freedom for vulnerable people? Among the very interesting features of the case is that the judge held a hearing. The briefs and orders can be found in the Clearinghouse Victories page.
- And, Shawn Summers, who won freedom for Mr. Wiley shares his victory against strong government opposition and in front of a judge who hadn’t granted any of the cases he had so far considered.
- Our main feature: JaneAnne Murray and Beth Blackwood will join us to teach winning arguments. As you know, courts must assess not only whether a prisoner meets compassionate release medical criteria, but also whether they should be released in light of a series of factors outlined at 18 USC § 3553(a). You won’t want to miss this webinar.
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Why Courts Cannot be Allowed to Believe the Government When It Says the BOP is Taking Care of Vulner
- “Winning Compassion.” We are thrilled to welcome Colin Prince and Miles Pope, assistant federal public defenders to teach this week. They will discuss the horrific conditions in the Bureau of Prisons and how to translate that horror into compassion for your clients. They will cover recurring problems in winning compassionate-release motions and answer practical questions routinely faced in these fights. As you may know, federal defenders nationwide are litigating and winning hundreds of compassionate release motions and Colin and Miles are in the thick of that effort. (For extra credit, be sure to read Colin’s Shehee brief on the topic of deplorable BOP conditions).
- Win of the week: We are also delighted to welcome David Marden and Frannie Kenajian of Epstein Becker & Green to share one of our latest Clearinghouse wins in U.S. v. Mitchell, No. 1:13cr70 (S.D.N.Y). From having to lift a 20-year-old state detainer to making the most of the sentencing transcript on behalf of their extremely vulnerable client, the Mitchell team made a winning case. They will share some highlights.
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(How) Should I reach out to the Prosecutor? (August 6, 2020)
This training is important in any event, but really important right now given new guidance from Main Justice to prosecutors responding to compassionate release cases.
- Kate Morris, Deputy Federal Public Defender for the Central District of California. Kate is the office’s go-to lawyer for guidance on outreach to the government, and has won AUSA stipulations in three compassionate release cases over the last few months.
- Brandon Marshall, Defense attorney in the Eastern District of Kentucky (not a district for the faint of heart). He has served both as a court-based Probation Officer and as an Assistant U.S. Attorney.
- Devon Galloway, Associate at Zuckerman Spaeder and two-time Clearinghouse winner. He will talk about his successful interaction with the government in in of those wins.
- Moderating – JaneAnne Murray, Professor of Practice at the University of Minnesota Law School, long time federal defender, and a member of our Pro Bono Resource Counsel. Another AUSA-whisperer, JaneAnne has her own story to tell about moving the prosecutor from “no” to “yes.”
Sample Declarations for Compassionate Release Motions (from AFD Kate Morris, District of Oregon)
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New Developments in Exhaustion (June 11, 2020)
Colin Misset of Nixon Peabody joins us to discuss his win in a challenging case, U.S. v. Rodriguez. The government had conceded his client met compassionate release criteria but continued to assert the BOP could protect him. Hear why the judge did not agree and how Colin and the team got to yes!
Also, Davina Chen, Sentencing Resource Counsel for the Federal Public and Community Defenders, joins us to discuss “New Developments in Exhaustion.”
Compassionate Release: Exhaustion, 30-Day Lapse, or Excused Compliance, by Sentencing Resource Counsel for the Federal Public and Community Defenders (outline from training held 6/11/2020)
Government's Supplemental Response to Defendant's Motion for Compassionate Release, U.S. v. Andre Woodson 13-20180-CR-ALTONAGA (S.D.Fl.) (from training held 6/11/2020)
Memorandum for Inmate Population (from training help 6/11/2020)
From: Warden, FCI Loretto
Subject: Nation-Wide Lock DownThe Front End of Compassionate Release: Requests to the Warden and Exhaustion Issues (outline from training held 4/30/2020)
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Protecting the Rights of Incarcerated Patients During COVID-19: A Physicians’ Perspective (October 8
Anyone whose client has been hospitalized in the community while incarcerated in the BOP knows how hard it is to get medical information from the treating physician and hospital. It shouldn’t be. Even if your client has not been taken to an outside hospital, it could happen should they contract the virus. This webinar provides important information about the ethical obligations of medical professionals, obligations that don’t disappear because their patient happens to be a federal prisoner.
You hear from Leah Rorvig, MD, MS, Director of Health Education for Amend at the University of California, San Francisco and Brie Williams, MD, MS, Founder & Director of Amend. AMEND is dedicated to transforming toxic, unhealthy prison cultures to optimize the dignity, humanity, and health of residents and staff alike. Joining them is Brianna Mircheff, Deputy Federal Public Defender for the Central District of California. Brianna’s client was transferred to an outside hospital in critical condition. She discusses what she learned from her fight to gain information about his condition and access to him for his family.
Thanks to the Federal Public Defender Service of Northern California, which hosted the presentation October 2, 2020, for making it available.
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The Sometimes Forgotten Second Half of your Compassionate Release Motion (September 24, 2020)
- We open with Danielle Pfifferling of Finnegan to share highlights from her victory in U.S. v. Jucutan. No 1:15cr17 (D. NMI). Remember we told you about the case last week in which the judge found that federal prison is not safer than freedom for vulnerable people? Among the very interesting features of the case is that the judge held a hearing. The briefs and orders can be found in the Clearinghouse Victories page.
- And, Shawn Summers, who won freedom for Mr. Wiley shares his victory against strong government opposition and in front of a judge who hadn’t granted any of the cases he had so far considered.
- Our main feature: JaneAnne Murray and Beth Blackwood will join us to teach winning arguments. As you know, courts must assess not only whether a prisoner meets compassionate release medical criteria, but also whether they should be released in light of a series of factors outlined at 18 USC § 3553(a). You won’t want to miss this webinar.