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October 22, 2019

Author and veteran (and bank robber) gets out of federal prison a few months earlier thanks to FIRST STEP Act and sound view of "extraordinary and compelling reasons"

Cherry1Regular readers are likely tired of my many posts about the provision of the FIRST STEP Act that now allows federal courts to directly reduce sentences under the (so-called compassionate release) statutory provisions of 18 U.S.C. § 3582(c)(1)(A) without awaiting a motion by the Bureau of Prisons.  But I am not close to tired of telling all the interesting stories of federal prisoners that now come to light via this provision, and this local press article reports on the latest interesting defendant to secure relief thanks to the FIRST STEP Act through this means.  The article is headlined, "Imprisoned Cleveland-area author moved to halfway house while production commences for movie adaption directed by Russo brothers," and here are the basics:

A federal judge on Thursday ordered a Cleveland-area native who wrote an acclaimed novel while in prison for a rash of bank robberies moved to a halfway house.

Nico Walker, 34, was arrested in 2011 for a series of robberies in Cleveland and the eastern suburbs. An Army veteran who served as a combat medic in Iraq, Walker suffered from post-traumatic stress disorder and other mental health issues that led to drug abuse and the robberies, records show.

Senior U.S. District Judge Donald Nugent sentenced Walker, who hails from Hunting Valley, to 11 years in federal prison. He has spent most of his time at a facility in Ashland, Kentucky.

With Walker nearing the end of his prison sentence because of good time, he asked the judge to allow him to move into a Mississippi halfway house. The judge agreed to do so following a hearing Thursday, moving Walker’s re-entry program start date up from Dec. 10.

Walker wrote the semi-autobiographical novel “Cherry” while he was in prison. The book details the life of an Army medic with post-traumatic stress disorder who robs banks to support his opioid addiction. The book, based in Cleveland, is being made into a movie directed by native sons and “Avengers” directors Anthony and Joe Russo. Tom Holland, who plays Spider-Man in the Marvel Cinematic Universe, is set to star as the main character.

Because of this, Walker was given “an unusual and lucrative job opportunity” to work as an executive producer and assist in production of the movie being filmed in Cleveland, Nugent wrote in an order. However, Walker’s attorney Angelo Lonardo said his client turned down the job offer. Walker also has a contract to write a second book, Nugent wrote.

Nugent wrote that Walker also plans to care for his ailing mother, who is suffering from leukemia, Nugent wrote. The judge issued his order based on the First Step Act, a criminal justice bill President Donald Trump signed in December. Moving Walker to a halfway house and allowing him to occasionally travel to care for his mother “will address the extraordinary and compelling issues raised in his request” and ensure his re-entry will be successful and the community will be safe, the judge wrote.

Lonardo said his client had no disciplinary infractions while in prison. He said Walker taught reading and writing behind bars. “This is a big deal,” Lonardo said. “You want your guys to get out and to have a decent job, and this is an excellent opportunity for him.” He added that his client “has earned this.”

Judge Nugent's six page order is available at this link, and here I especially like how the opinion righly recognizes how a combination of factors can make the case for a sentence reduction:

Taking into consideration Mr. Walker?s history; the circumstances leading up to his crime; his acceptance of responsibility not just with regard to the conviction but as demonstrated through the meaningful use of his time in prison; the failing health of his mother; his extraordinary job opportunity and the good that would allow him to do for his family and his community; and, the minimum time left remaining on his sentence; the Court finds that Mr. Walker has provided sufficiently extraordinary and compelling reasons to justify an alteration of his current sentence.

Last but not least, anyone looking for more evidence of how extraordinary and compelling the story of Nico Walker is, consider checking out these recent press articles about his past and his book:

October 22, 2019 at 12:35 AM | Permalink

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