A Webinar for Lawyers on the Front Lines

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The defendant filed a motion for compassionate release directly with the Third Circuit after denial of a similar motion by the District Court of New Jersey because the Third Circuit is considering an appeal of his initial sentence. The Third Circuit noted it cannot consider the motion because federal statute requires such motions to be considered by  the sentencing court and noted that this motion should be denied  because defendant failed to comply with the exhaustion requirements. The Third Circuit noted "mere existence of COVID-19 in society and the possibility that it may spread to a particular prison alone cannot independently justify compassionate release."

Jurisdiction: Federal

Citation: 2020 WL 1647922

District of Connecticut found that chronic health conditions alone do not serve as an "extraordinary and compelling" reason for the court to grant a compassionate release motion. The Court found that Mr. Jepsen was in a "unique position" given that he had less than eight weeks to serve on his sentence and this fact combined with his health condition serves as a “extraordinary and compelling” reasons to grant the motion for compassionate release.

Jurisdiction: Federal

Citation: 2020 WL 1640232

Northern District of California found that defendant did not waive his right to seek compassionate relief for an "extraordinary and compelling reason" in his plea agreement that promised he would not "seek relief under 18 U.S.C. § 3582” because that language did not exist at the time he entered the plea agreement with federal prosecutors. The court failed to grant the motion because the defendant had not met with exhaustion requirement in statute and failed to provide a compelling case to waive the requirement.

Jurisdiction: Federal

Citation: 2020 WL 1899401

Southern District of New York approved compassionate release motion for individuals after finding that COVID-19 serves as an exception to the exhaustion requirement located in federal law and serves as a  “extraordinary and compelling reason" for sentence modification.

Jurisdiction: Federal

Citation: 2020 WL 1659880

Eastern District of Washington granted a motion for compassionate release for individual incarcerated in Spokane County Jail awaiting transfer to BOP because she is from the "most susceptible age category," medical condition makes her "particularly vulnerable," and "it is impossible to practice social distancing or isolation in a jail setting."

Jurisdiction: Federal 

Citation: 2020 WL 1536155

Southern District of New York approved compassionate release motion for individual with three weeks remaining on sentence after finding that "pursuing the administrative process would be a futile endeavor" and his medical condition served as "'extraordinary and compelling reasons' to reduce his sentence to time served." 

Jurisdiction: Federal 

Citation: 2020 WL 1546422

Eastern District of Pennsylvania found that the policy statement of the United States Sentencing Commission serves as "'helpful guidance' but does not limit the Court's independent assessment of whether 'extraordinary and compelling reasons' exist" while granting compassionate release for individual at "high risk of grave illness or death if he gets infected with coronavirus."

Jurisdiction: Federal

Citation: 2020 WL 1627331

Southern District of New York approved defendant to serve remainder of sentence in home confinement upon the government's consent and finding the defendant's "compromised immune system, taken in concert with the COVID-19 public health crisis, constitutes an extraordinary and compelling reason." 

Jurisdiction: Federal

Citation: 2020 WL 1489829

Southern District of Texas grants individual's motion for compassionate release upon finding that his medical condition presented an "extraordinary and compelling reason" and his reduced sentence "adequately expresses the seriousness of the offense, deters criminal conduct, and protects the public"

Jurisdiction: Federal

Citation: 2020 WL 1540325

Eastern District of Virginia denied defendant's motion for compassionate after finding he "still presents the same threats to the community today as were present at the time of his conviction" and "diminish[ed] his wrongdoing" in the motion.

Jurisdiction: Federal

Citation: 2020 WL 1889361

Eastern District of Michigan waived the exhaustion requirements for compassionate release after noting that the defendant had been denied release after petitioning  "the BOP for compassionate release at least six times." The court found an "extraordinary and compelling reason" because her continued "incarceration under the current circumstances could be a lethal decision."

Jurisdiction: Federal

Citation: 2020 WL 1888842

Middle District of North Carolina granted compassionate release for an individual who was approved for release on home confinement by the Bureau of Prisons in a few weeks because of the existence of COVID-19 in his " very small home confinement quarantine population" and that there "is no evidence that Dunlap poses any danger to the community."

Jurisdiction: Federal

Citation: 2020 WL 1888842