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July 1, 2021
Hoping grandmothers and others on home confinement get compassionate consideration
In prior posts (some linked below), I have discussed the Office of Legal Counsel memo which interprets federal law to require that certain persons transferred to home confinement pursuant to the CARES Act be returned to federal prison when the pandemic ends. There has been particular advocacy directed toward Prez Biden urging him to use his clemency powers to keep these persons from being returned to federal prison, and I have recently argued Congress could and should address this matter with a statutory fix. But, critically, judges also might be able to grant relief on a case-by-case basis via sentence reduction motions under the (so-called compassionate release) statutory provisions of 18 U.S.C. § 3582(c)(1)(A).
One person at risk of serving many more years in prison after success on home confinement, Gwen Levi, is getting particular attention because she seems like low-risk person who has already been re-incarcerated on the basis of a seemingly minor technical violation. Here are just some of the stories discussing her plight:
From The Root, " 76-Year-Old Black Woman Released From Prison Amid Pandemic, Sent Back for Missing Phone Calls While Taking a Class"
extraordinary and compelling reasonsFrom USA Today, "'Scared and confused': Elderly inmate sent home during COVID is back in prison after going to computer class"
From the Washington Post, "A grandmother didn’t answer her phone during a class. She was sent back to prison."
Upon hearing about this story, I expressed on Twitter my hope that Gwen Levi was pursuing a compassionate release motion. Kevin Ring of FAMM informed me not only that she was, but also that he had submitted a letter in support of her effort to secure a sentence reduction. Kevin recently sent me a copy of this letter and has allowed me to post it here:
Download ECF 2079 Kevin Ring letter in support of comp. release
Though I do not know all the facts surrounding the crimes and current circumstances of Gwen Levi and the 4000 other persons on home confinement at risk of going back into federal prison, I do know that these situations certainly seem to present "extraordinary and compelling reasons" to consider whether further prison time is needed.
Some prior recent related posts:
- Notable OLC opinion on "Home Confinement of Federal Prisoners After the COVID-19 Emergency"
- Spotlighting effectiveness of home confinement under CARES Act and concerns about OLC memo disruption
- Effective review of (just some) issues surrounding home confinement for the Biden Justice Department
- FAMM urges AG Garland to prevent those on home confinement during pandemic from being returning to federal prison
- Why aren't there much stronger calls for CONGRESS to fix post-pandemic home confinement problems?
July 1, 2021 at 01:22 AM | Permalink