We are all concerned about how the COVID 19 (Coronavirus disease) pandemic is affecting us “on the streets”. But, as cases of the virus continue to spread among prisoners and staff in facilities, what about your loved one who is locked up and cannot take proper precautions to protect himself? We all know how unsanitary conditions are in the prisons and how it is impossible to practice “social distancing”.
In the past week, 1000’s of prisoners have been released to House Arrest, Community Treatment Centers or time served from jails and prisons all over the country. These releases have been made for inmates serving their sentences as well as awaiting trial and sentencing. The courts have finally shown a strong interest in granting relief to defendants by filing a Motion for Compassionate Release. This motion emphasizes the “extraordinary and compelling” medical conditions that now threaten the life of the many defendants who are vulnerable to this killing disease.
Don’t let your love one languish in prison facing a potentially life threatening disease and adverse medical conditions. A number of district courts have concluded that Guideline §1B1.13 cmt. n.1 does not restrain a court’s assessment of whether extraordinary and compelling reasons exist to release a defendant. Courts have concluded that the Commission’s failure to amend Guideline §1B1.13 and related Commentary following the First Step Act does not preclude a court from acting on motions for sentence reductions or using the catch all provision in Application Note 1(D). Here are few of the successful cases where defendants has already been released: United States v. Sawicz, 2020 WL 1815851 (EDNY Apr. 10, 2020); United States v. Almonte, 2020 WL 1812713 (D. Conn. Apr. 9, 2020); United States v. Campagna, 2020 WL 1489829 (SDNY Mar. 27, 2020);United States v. Powell, No. 1:94 cr 00316 (ESH) (DDC Mar. 28, 2020);United States v. Muniz,, 2020 WL 1540325 (SD Tex. Mar. 30, 2020);United States v. Gonzales, 2020 WL 1536155 (Ed Wash. Mar. 31, 2020); United States v. Rodriguez,
2019 U.S. Dist. LEXIS 204440, (N.D. Cal. Nov. 25, 2019); United States v. Brown, 2019 U.S. Dist. LEXIS 175424, (S.D. Iowa Oct. 8, 2019); United States v. Fox, 2019 U.S. Dist. LEXIS 115388 (D. Me. July 11, 2019); United States v. Beck, 2019 U.S. Dist. LEXIS 108542, (M.D.N.C. June 28, 2019);United States v. Cantu, 2019 U.S. Dist. LEXIS 100923 (S.D. Tex. June 17, 2019); United States v. Lynn, 2019 U.S. Dist. LEXIS 135987 (S.D. Ala. Aug. 13, 2019); United States v. Gotschall, No. CR17 4031 LTS 4, Doc. No. 337, at *5 (N.D. Iowa Dec. 27, 2019); United States v. Schmit, 2020 U.S.Dist LEXIS 2832(N.D. Iowa 2020); United States v. O’Bryan, 2020 US Dist. LEXIS 29747 (D.Kan 2020);
United States v. Young, 2020 U.S. Dist. LEXIS 37395 (M.D. Tenn. 2020); United States v. Mondaca, 2020 WL 1029024 (S.D. Cal. March 3, 2020); United States v. Davis, 2020 WL 1083158 (D. Md. March 5, 2020); United States v. Perez, 2020 WL 1180719 (D. Kansas March 11, 2020); United States v. Redd, 2020 WL 1248493 (E.D. Va. Mar. 16, 2020); Poulios v. United States, 2020 WL 1922775 (ED Va. Apr. 21, 2020); United States v. Scparta,, 2020 WL 1910481 (SDNY Apr. 20, 2020); United States v. Atwi, 2020 WL 1910152 (ED Mich Apr. 20, 2020); United States v. Gileno, 2020 WL 1916773 (D Conn. Apr. 20, 2020); United States v. Turner, 2020 WL 1917833 (WD Va. Apr. 20, 2020); United States v. Asaro, 2020 WL 1899221 (EDNY Apr. 20, 2020); United States v. Joling, 2020 WL 1903280 (D Ore. Apr. 17, 2020);
United States v. Atkinson, 2020 WL 1904585 (D Nev. Apr. 17, 2020);
Don’t Delay! If you are interested in having NLPA’s lawyers prepare a Motion for Compassionate Release to be filed by your counsel before it is too late, contact NLPA as soon as possible. NLPA can prepare the motion for your loved one’s legal counsel to file into court. Under the special Compassionate Release Program we have reduced the fee to $2,500.00.