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We are all concerned about how the COVID 19 (Coronavirus disease) pandemic is affecting all of us “on the streets”. But, as cases of the virus continue to spread among prisoners and staff in facilities throughout the US, 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.
For example, in the past week, several 1000's 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 non-violent 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 some defendants who are vulnerable to this killing disease.
Already this month, several 1000s defendants have received relief under this new Motion – 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).United States v. Rodriguez, CR17 00021, 2019 U.S. Dist. LEXIS 204440, (N.D. Cal. Nov. 25, 2019); United States v. Urkevich, 2019 U.S. Dist. LEXIS 197408 (D. Neb. Nov. 14, 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. Cantu, 2019 U.S. Dist. LEXIS 100923 (S.D. Tex. June 17, 2019); United States v. Young, 2020 U.S. Dist. LEXIS 37395 (M.D. Tenn. 2020).
Don’t Delay!! If you are interested in having NLPA’s lawyers prepare a Motion for Compassionate Release to be filed by 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 our fee is $2,500.00.
