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Sentencing Law and Policy: Fines, Restitution and Other Economic Sanctions typepad.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from typepad.com Daily Mail and Mail on Sunday newspapers.
Sentencing Law and Policy: Third Circuit invents some extra-textual limits on what might permit a sentence reduction under 3582(c)(1)(A) typepad.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from typepad.com Daily Mail and Mail on Sunday newspapers.
Split Eleventh Circuit panel creates circuit split over compassionate relief criteria after FIRST STEP Act I have blogged in recent months about a significant number of significant circuit rulings addressing the reach and application of the sentence modification provisions amended by the federal FIRST STEP Act. The Second Circuit back in September was the first circuit to rule in Brooker, rightly in my view, that district courts now have broad discretion to consider any extraordinary and compelling reason for release that a defendant might raise to justify a sentence reduction under 18 U.S.C. § 3582(c)(1)(A). Since then, there have been somewhat similar opinions from the Fourth, Fifth, Sixth, Seventh, Ninth and Tenth Circuits generally recognizing that district courts now have broad authority after the FIRST STEP Act to determine extraordinary and compelling reasons that may justify a sentence reduction when an imprisoned person files a 3582(c)(1)(A) motion ....
Since June 28, 2004 May 7, 2021 Split(?) Sixth Circuit panel clarifies disparity between actual sentence and sentence under current law can be proper compassionate relief factor I have been pleased to be able to blog about a significant number of significant circuit rulings on the reach and application of the sentence modification provisions amended by the federal FIRST STEP Act. As regular readers know, in lots of (pre-COVID) prior posts, I made much of the provision of the FIRST STEP Act allowing 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. I have long considered this provision a big deal because, if applied appropriately and robustly, it could and should enable many hundreds (and perhaps many thousands) of federal prisoners to have excessive prison sentences reduced on a variety of grounds. ....