Tag: Compassionate Release

Federal Postconviction

Court Can Also Use Compassionate Release to Avoid Limits on Reduced Sentences Under Retroactive Guideline Amendment

Thanks to the First Step Act, which expanded the compassionate release remedy in federal court, the U.S. Court of Appeals for the Ninth Circuit said that a court is not limited by the rules about how to apply a retroactive guideline amendment and can also give a further reduction under compassionate release if the judge sees fit. Under the federal sentencing guidelines, in granting a … Continue reading Court Can Also Use Compassionate Release to Avoid Limits on Reduced Sentences Under Retroactive Guideline Amendment

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Federal Postconviction

Federal Court Denies 2255 Motion as Too Late but Then Grants Compassionate Release on Same Claim

A federal district judge in Dallas granted compassionate release based on a recent retroactive Supreme Court case, despite finding that the same exact claim filed earlier under 28 U.S.C. § 2255 was denied as being too late. The court reasoned that an illegal sentence was an “extraordinary and compelling reason” for compassionate release. United States v. Solomon, 2023 U.S. Dist. LEXIS 63911 (N.D. Tex. Apr. … Continue reading Federal Court Denies 2255 Motion as Too Late but Then Grants Compassionate Release on Same Claim

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Federal Postconviction

First Circuit Says District Court Has Authority to Consider Non-Retroactive Changes to Law in Compassionate Release Motion

An old friend of mine, Jose (Pepe) Ruvalcaba, just had a huge win in the U.S. Court of Appeals for the First Circuit in Boston this week. The Court held on Feb 15, 2022, that the district court erred when it denied Pepe compassionate release on the basis that it lacked the authority to apply the changes to the harsh penalty under 21 U.S.C. sec … Continue reading First Circuit Says District Court Has Authority to Consider Non-Retroactive Changes to Law in Compassionate Release Motion

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