In Maumau, the 10th Circuit Joined the 2nd, 4th, 6th and 7th Circuits in holding that incarcerated persons could seek a compassionate release.
Category: Compassionate Release
Inmates facing extraordinary circumstances can now apply for compassionate release under 18 U.S.C. § 3582.
Seventh Circuit’s decision in United States vs. Musgraves shows that some courts are considering whether potential errors in a conviction qualify as extraordinary and compelling circumstances.
In most cases, compassionate release appeals are difficult since the First Step Act gives district courts full discretion.
With the signing of the FIRST STEP Act, congress amended 18 U.S.C. Section 3582(c)(1) to permit an inmate to file his own request for relief under the compassionate release statute.
Evidence about COVID-19 reinfection is starting to appear. Find out more about what this means for federal inmates here.
A Federal Prosecutor has indicated that individuals on home confinement on the CARES Act may be going back to prison after the pandemic.
In Dominguez, the Southern District of Florida granted compassionate release to a person who had a pre-Booker life sentence.
While nothing can guarantee relief, successful motions for compassionate release include five key factors.
Young was sentenced to 60 months of incarceration for a heroin case in 2019. In 2020 he filed a motion for compassionate release stating that he is at high risk of death if he catches COVID-19.
In United States vs. Fischman, 4:16-cr-00246-HSG, the Northern District of California determined a way that an inmate can receive 3582 relief even when they are COVID-19 positive