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May 23, 2020
A big list for a whole week's worth of COVID-influenced federal sentence reductions using § 3582(c)(1)(A)
I did not get a chance to do a mid-week review of COVID-influenced grants of sentence reductions using § 3582(c)(1)(A) because this past work week seemed extra busy — though these days that just means staring at different types of websites from different computers in my house. In any event, I have been told that my prior lists of district court rulings grants of sentence reductions that I find on Westlaw continue to be useful, so I will continue the listing tradition previously found in recent posts (which are all linked below)
My last post seemed to cover most grants through May 15 though one from that date makes this latest list. And because I have gone a whole week without a list, this one is extra long (with 27 cases!). I have broken up the list in groups of five just for ease of review (and I have added a few silly pop-culture comments just to try to lighten things up a bit):
United States v. Moore, No. 3:16-CR-00171-JO, 2020 WL 2572529 (D Ore. May 21, 2020)
United States v. Stephenson, No. 3:05-CR-00511, 2020 WL 2566760 (SD Iowa May 21, 2020)
United States v. Galloway, No. RDB-10-0775, 2020 WL 2571172 (ED Mich. May 21, 2020)
United States v. Parker, No. 2:98-cr-00749, 2020 WL 2572525 (CD Cal. May 21, 2020) (full name "Richard Wayne Parker" of interest to Spiderman and Batman?)
Loyd v. United States, No. 15-20394-1, 2020 WL 2572275 (ED Mich. May 21, 2020)
United States v. Rahim, No. 16-20433, 2020 WL 2604857 (ED Mich. May 21, 2020)
United States v. Readus, No. 16-20827-1, 2020 WL 2572280 (ED Mich. May 21, 2020)
United States v. Vence-Small, No. 3:18-cr-00031 (JAM), 2020 WL 2572742 (D Conn. May 21, 2020)
United States v. Pippin, No. CR16-0266, 2020 WL 2602140 (WD Wash. May 20, 2020) (no mention of what this Mr. Pippin thought of MJ Last Dance documentary)
United States v. Schneider, No. 14-cr-30036, 2020 WL 2556354 (CD Ill. May 20, 2020)
United States v. Doshi, No. 13-cr-20349, 2020 WL 2556794 (ED Mich. May 20, 2020)
United States v. White, No. 13-cr-20653-1, 2020 WL 2557077 (ED Mich. May 20, 2020)
United States v. Hill, No. 3:19-cr-00038 (JAM), 2020 WL 2542725 (D Conn. May 19, 2020) (not 2012 crack case that went to SCOTUS on FSA pipeline issue)
United States v. Dorsey, No. CR16-0138-BLW-JCC, 2020 WL 2562878 (WD Wash. May 19, 2020) (also not 2012 crack case that went to SCOTUS on FSA pipeline issue)
United States v. Sarkisyan, No. 15-cr-00234-CRB-15, 2020 WL 2542032 (ND Cal. May 19, 2020)
United States v. Bright, No. 2:15CR00015-005, 2020 WL 2537508 (WD Va. May 19, 2020)
United States v. El-Hanafi, No. 10-CR-162 (KMW), 2020 WL 2538384 (SDNY May 19, 2020)
United States v. Copeland, No. 02-cr-01120 (FB), 2020 WL 2537250 (EDNY May 19, 2020) (cue COVID-era version of Police classic "Don't Stand So Close to Me")
United States v. Bischoff, No. 17-cr-196-JD, 2020 WL 2561423 (D N.H. May 18, 2020)
United States v. Anderson, No. 15-cr-30015, 2020 WL 2521513 (CD Ill. May 18, 2020)
United States v. Rountree, No. 1:12-CR-0308 (LEK), 2020 WL 2610923 (NDNY May 18, 2020)
United States v. Cotinola , No. 13-CR-03890-MV, 2020 WL 2526717 (D N.M. May 18, 2020) (meth case from Albuquerque for any Breaking Bad fans out there)
United States v. Bennett, No. 05 Cr. 1192-1 (NRB), 2020 WL 2539077 (SDNY May 18, 2020)
United States v. Agomuoh, No. 16-20196, 2020 WL 2526113 (ED Mich. May 18, 2020)
United States v. Schafer, No. 6:18-CR-06152 EAW, 2020 WL 2519726 (WDNY May 18, 2020)
United States v. Johnson, No. 15-cr-125 (KBJ), 2020 WL 2515856 (DDC May 16, 2020)
United States v. Arreola-Bretado, No. 3:19-cr-03410-BTM, 2020 WL 2535049 (SD Cal. May 15, 2020)
More than two dozen grants in a week is remarkable, and this is with still very few Friday rulings appearing on Westlaw as of midday Saturday. Moreover, as I have mentioned in a number of prior posts, I am quite certain that my Westlaw listings do not represent all sentence reductions being granted by federal courts these days. In fact, the Marshall Project article flagged here reported that the latest BOP "figures show that since early April, 268 prisoners nationwide received compassionate release." That figure suggests an around 40 grants per weeks, whereas I have only been seeing and reporting in these listings only about half that many based on just Westlaw searches.
Prior recent related posts since lockdowns:
- Notable recent (pre-COVID) grants of sentence reductions from coast to coast using 3582(c)(1)(A) ... as FAMM urges thousand more filings in response to coronavirus
- Documenting early federal court COVID jurisprudence in response to various release requests from federal defendants and inmates
- A few (too few) recent COVID-influenced grants of sentence reductions using 3582(c)(1)(A)
- Pleased to see growing number of COVID-influenced grants of sentence reductions using 3582(c)(1)(A)
- A few more COVID-influenced grants of sentence reductions using 3582(c)(1)(A)
- Still more COVID-influenced grants of sentence reductions using 3582(c)(1)(A), with waivers of exhaustion/waiting period
- Additional COVID-influenced grants of federal sentence reductions using 3582(c)(1)(A)
- Another round of recent COVID-influenced grants of federal sentence reductions using 3582(c)(1)(A)
- A dozen new grants of federal sentence reductions using § 3582(c)(1)(A), including another based on stacking/disparity/trial penalty concerns
- Still more of the ever-growing number of COVID-influenced federal sentence reductions using 3582(c)(1)(A)
- Another robust week for COVID-influenced federal sentence reductions using 3582(c)(1)(A)
- With lots more new grants, time for another timely review of the latest COVID-influenced federal sentence reductions using § 3582(c)(1)(A)
May 23, 2020 at 01:22 PM | Permalink
Comments
Yes, they have been useful. Thank you.
Posted by: Mp | May 23, 2020 5:07:30 PM
Pro se family and friends reading weekly who find your blog incredibly helpful and insightful. Thank you for helping level the playing field for people working hard for justice without the benefit of legal representation or to help understand the legal team's efforts with whom they are fortunate to be working. It takes a true village.
Posted by: Eva | Jun 7, 2020 9:07:28 PM
Hello, my name is Alex. I am an Army veteran that suffers from PTSD, asthma, and several other issues. I am a Ph.D. B.A. student who halfway through my program. I was convicted of wire fraud and sentenced 5/28/2020. I am currently awaiting a turn-in date. I have a 9-year-old daughter, one-year-old son, one son on the way, and 2 stepchildren. I am trying to figure out my best course to get back home to my children. I was sentenced to 12 months in the BOP. I know it is not a long time and I am not complaining but was trying to find a way to get a compassionate release due to the COVID 19. Are there any suggestions you can help me with? I will be turning myself in within the month and once I find out with prison I will be going to I plan to try and petition as soon as I can to get back home to my family. Please help me. Thank you...
Posted by: Alexander Rodgers | Jun 8, 2020 12:55:08 AM
I suggest you write now to the warden for the facility where you are to report and ask for home confinement. Then petition for CR relief 30 days thereafter... Folks at FAMM may be able to help.
Posted by: Doug B. | Jun 8, 2020 12:25:41 PM
And thanks, Eva, for your comment. It means a lot to me.
Posted by: Doug B. | Jun 8, 2020 12:26:54 PM
I have yet to be placed in a prison to have a warden to write. Who do I petition for the CR 30 days after? The court or to the warden?
Posted by: Alexander Rodgers | Jun 9, 2020 5:26:05 PM
I am the father of a Federal prisoner, inquiring on my son's behalf.
My son Marwan Hachem (38 y), inmate #36960-380 was sentenced for 10 years mandatory minimum for a drug related offense he committed in 2014. Not being a US Citizen (Lebanese) and with ICE detainer for deportation, he was relocated and is now held at the a GEO facility the REEVES COUNTY DETENTION CENTER 3, Pecos, TX.
Marwan suffers Asthma, hypertension and plaque psoriasis. His request of home confinement was denied because of his ICE detainer; he then requested compassionate release / reduction in sentence, but the warden responded:
"All detainers and holds should be resolved prior to the Warden's submission of a case Under 18 U.S.C. 3582 (c)(l)(A." AND "On March 1, 2016, I.C.E. logged a detainer for deportation." His appealed to the BOP Regional Office was rejected being sent to the wrong office; he then followed the rejection instructions and sent his appeal to the BOP Privatization Management Branch in Washington DC.
This looks like a "loop"; in fact, BOP policy 5050_050_EN (page 12) reports "Unresolved detainers" under the factors to be considered for all RIS requests.
My son is preparing a motion to the court for compassionate release, but we're lost in this loop of factors and cannot identify a case having an ICE detainer for deportation.
We, his parents and brothers and their families are all US Citizens.
Any help or hint on such a situation would be greatly appreciated, for my son to build his motion.
Thank you!
Posted by: ANTOINE HACHEM | Jun 26, 2020 9:23:12 AM
Re-posting after my subscription became active.
I am the father of a Federal prisoner, inquiring on my son's behalf.
My son Marwan Hachem (38 y), inmate #36960-380 was sentenced for 10 years mandatory minimum for a drug related offense he committed in 2014. Not being a US Citizen he has an ICE detainer for deportation (to Lebanon), he is now held at the GEO facility the REEVES COUNTY DETENTION CENTER 3, Pecos, TX. (where 96% of inmates are aliens and have ICE detainers).
Marwan suffers Asthma, hypertension and plaque psoriasis. His request of home confinement was denied because of his ICE detainer; he then requested compassionate release / reduction in sentence, but the warden responded:
"All detainers and holds should be resolved prior to the Warden's submission of a case Under 18 U.S.C. 3582 (c)(l)(A." AND "On March 1, 2016, I.C.E. logged a detainer for deportation." His appeal to the BOP Regional Office was rejected for being sent to the wrong office; he then followed the rejection instructions and sent his appeal to the BOP Privatization Management Branch in Washington DC.
This looks like a "loop"; in fact, BOP policy 5050_050_EN (page 12) reports "Unresolved detainers" under the factors to be considered for all RIS requests.
My son is preparing a motion to the court for compassionate release, but we're lost in this loop of factors and cannot identify a case having an ICE detainer for deportation, requesting RIS for COVID-19.
We, his parents and brothers and their families are all US Citizens.
Any help or hint on such a situation would be greatly appreciated, for my son to build his motion.
Thank you!
Posted by: ANTOINE HACHEM | Jun 26, 2020 10:25:08 AM
Hello! I am the mother of a county inmate being that has been incarcerated for 8 months now. He was sentenced to a 6 month SAFE P program just before the start of COVID 19. It is my understanding that by law every prisoner must have a definite release date. We live in Texas where COVID 19 is rampant and as such there are a very limited number of inmates being allowed to begin their programs. I would simply like to know what to do to help my son either get his program started or ask that he can be released until the program opens up in greater numbers again. He has a 21 month old daughter waiting for him, not to mention the rest of us who miss him greatly. Any advice in this situation would be appreciated more than words can say. Thank you so much for all the work you do.
Posted by: Deberah Renfro | Jul 30, 2020 11:13:56 AM
I am helping a CJA appeal denial of a motion for compassionate release in the 6th Circuit. Denial was based entirely on the fact that the defendant had not demonstrated he is no longer a danger to the community. All other factors were met. Have you seen any appeals arguing abuse of discretion on this issue? or any appeals on this factor alone?
Posted by: Danielle Easton | Jan 13, 2021 1:47:38 PM
I would suggest checking with the federal defender resource counsel and/or folks at FAMM
Posted by: Doug B. | Jan 13, 2021 2:10:17 PM
