As many of you know, the United States Sentencing Commission made sentencing guideline amendments that became effective November 1, 2023. These included changes to what constituted Extraordinary and Compelling Reasons for purposes of a 3582(c)(1)(A) motion. Among the changes is an amendment for unreasonably long sentences: (6) Unusually Long Sentence.—If a defendant received an unusually […]
Category: Compassionate Release
Inmates facing extraordinary circumstances can now apply for compassionate release under 18 U.S.C. § 3582.
Facts: West was sentenced as if "Death Resulted" When he was Not Charged with Death Resulting West was charged with conspiracy to use interstate commerce in the commission of a murder for hire under 18 U.S.C. 1958. The base statutory maximum there is up to 10 years. If personal injury results, the statutory maximum goes […]
We are pleased to report that one of our 3582 "compassionate release" motions were granted for a person who had "stacked 924c" offenses. Hudec's Original Sentence Darrell Hudec was originally sentenced to 480 months in federal prison for several offenses. His sentence included 300 months for firearms offenses under 924(c). At the time Hudec was […]
FACTS: Drug Seller With Serious Liver Problems Bronner was incarcerated and serving a 120-month sentence for possession with intent to distribute 28 grams or more of cocaine base. Bronner’s release date was previously set for November 2, 2026. Bronner sought a compassionate release because of a serious deteriorating liver condition and because of the risk […]
The Justice Department is ceasing a troubling practice after an NPR story shed light on it in February. Plea agreements that waive the right to seek compassionate release may be coming to an end. The Background: Plea Agreements and Compassionate Release Most people charged with a crime do not take their case to trial. The […]
FACTS: 5th Circuit CR case serving life with two 851 convictions In 1992, Ciprano was charged with conspiracy to distribute cocaine and attempted possession with intent to distribute cocaine. He was convicted and sentenced to life as he had two prior felony drug convictions under 21 USC 841(b). In 2022, Ciprano filed a compassionate release […]
The district of Maryland grants a compassionate release to a person who has both an ACCA enhancement as well as several Stacked 924(c) offenses. FACTS: Bank robber gets mandatory minimum 147 years Graham was charged with six armed robberies spread across four days in 2011. It was alleged that he entered the banks, "brandished a […]
Facts: Cavely was found charged with several offenses arising out of conspiracy to manufacture and distribute methamphetamine. He was sentenced to 440 months. He was 37 years old when he was sentenced and he is now 57. He has served more than half of his sentence, with 53% of his full term and 63% of […]
In the Sawyer case, the court granted a compassionate release to a vaccinated individual.
The District Court granted release to crumble after the death of Crumble's mother who was also taking care of Crumble's children.