Tips From A Federal Judge On How To Get A Shorter Federal Prison Term
On June 22, I had the privilege of training criminal defense attorneys at the Fairmont Hotel in Santa Monica. The National Association of Criminal Defense Lawyers (NACDL) was coordinating the two white-collar crime conferences. In addition to training scores of white-collar defense attorneys, and federal public defenders, on the importance of the pre-sentence report, sentencing narratives and sentencing mitigation, I had the opportunity and pleasure of presenting with Judge Benita Pearson from Ohio, Judge Pearson’s insights for any defendant facing sentencing are truly invaluable. I am pleased to share them in this video, along with other takeaways from the conference.
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Another federal judge has found that the criteria for compassionate release, contained in the U.S. Sentencing Guidelines, is inconsistent with the statutory changes made by the First Step Act. Yesterday, Federal Judge Sim Lake reduced Arturo Cantu-Rivera’s prior...
I recently posted about my new law review article called Second Looks & Second Chances, and the argument that federal district court judges may use the compassionate release, as amended by the First Step Act, to give second looks in individual cases and then reduce the sentences in those cases. Last week, a federal district court in the Southern District of Texas used compassionate release for just this purpose.
A Second Look at a Second Chance: Seeking a Sentence Reduction under the Compassionate Release Statute, 18 U.S.C. § 3582(c)(1)(A), as Amended by the First Step Act
There is a viable argument for why federal district court judges can reduce a sentence for people in federal prison if “extraordinary and compelling reasons” are present, even if those reasons have nothing to do with medical, age, or family issues.