Category: Blog

Do probation and supervised release hearings lead back to a gateway to eventual incarceration for the accused?

Both Federal and State prisons are mishandling the pandemic that is being caused by the novel coronavirus due to prison conditions.

Many of you will be able to use the text of 18 USC § 3582(c)(1)(A) in order to file your motions after 30 days of reaching out to the BOP.

Courts determined 404 disparity must be preceded by eligibility before sentencing, according to Section 404 of the FIRST STEP Act in Corner.

Notes from the June 2, 2020 Senate Judiciary Hearing where the CARES Act, COVID-19 and the prison system were considered.

In Kallas, the Ninth Circuit reversed the denial of a 2255 motion to vacate without holding an evidentiary hearing. Read more here.

In Kirschner, the District of Indiana granted 3582 compassionate release relief to a person due to coronavirus concerns.

The administrative remedy process has become newly relevant in the context of compassionate release cases related to COVID-19. If you are thinking about seeking compassionate release, especially release based on COVID-19 dangers, the administrative remedy process is vital to understand.

While nothing can guarantee relief, successful motions for compassionate release include five key factors.

We’ve covered the right to allocute before here on this newsletter but it keeps coming up in different ways.