Ninth Circuit provides yet another ruling on post-FIRST STEP Act federal compassionate release authority
When it rains it pours, at least wih respect to compasionate release rulings these days. In this last post, I called a Fifth CIrcuit decision handed down yesterday the latest such ruling. But, thanks to people on Twitter smarter than me, I learned that the Ninth Circuit issues a ruling on this topic today in
US v. Aruda, No. 20-10245 (9th Cir. April 8, 2021) (available here). Here is the start and a key paragrph of the ruling:
Patricia Aruda appeals from the district court’s order denying her motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). We hold that the current version of U.S. Sentencing Guidelines Manual (“U.S.S.G.”) § 1B1.13 is not an “applicable policy statement[] issued by the Sentencing Commission” for motions filed by a defendant under the recently amended § 3582(c)(1)(A). Because the district court relied on U.S.S.G. § 1B1.13, we vacate and remand so that the district court can reassess Aruda’s motion for compassionate release under the correct legal standard....