Sentence reduction, compassionate release & CARES ACT. WHAT IS THE DIFFERENCE?

Sentence reduction, compassionate release & CARES ACT. WHAT IS THE DIFFERENCE?

CARES ACT | Home Confinement | COVID- 19 & the BOP dropping the ball

Sentence reduction (compassionate release)

(1) Brief History:
(a) So which is it? Sentence reduction, compassionate release or CARES ACT?
(b) Where sentence reduction authority is found (18 USC 3582(c))
(c) Background -The courts have always had the power to reduce
sentences when judges found circumstances for doing so, but until
First Step Act, only the BOP could do file a motion to start a
sentence reduction proceeding;

(2) Grounds for sentence reduction:
(a) extraordinary and compelling reasons warrant the reduction; or
(b) the defendant is at least 70 years old, was convicted of a violent
crime, and has served at least 30 years in prison;

(3) What is “extraordinary and compelling?” -The Guidelines define an
“extraordinary and compelling” reason to be
(a) The defendant is suffering from a terminal illness;
(b) The defendant is suffering from a serious physical, medical, aging,
or mental condition, that substantially diminishes his or her ability
to care for self in prison;
(c) The defendant is at least 65 years old; is experiencing a serious
deterioration in physical or mental health because of the aging
process; and has served at least 10 years or 75 percent of his or
her term of imprisonment,;
(d) The defendant’s minor kids have lost their caregiver due to death
or incapacitation;
(e) The defendant’s spouse has become incapacitated, and defendant
is the only available caregiver;
(f) There is some other extraordinary and compelling reason

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(4) Once you have “extraordinary and compelling,” is that enough? – If the
defendant has an extraordinary reason, he or she still has to show
(a) he or she is no danger to anyone else or the community; and
(b) a sentence reduction would not offend the sentencing factors in
Section 3553(a) of Title 18
(1) the nature and circumstances of the offense and the
history and characteristics of the defendant;
(2) the need for the sentence imposed to reflect the
seriousness of the offense, to promote respect for the
law, and to provide just punishment for the offense; to
afford adequate deterrence to criminal conduct; to
protect the public from further crimes of the
defendant; and
(3) the need to avoid unwarranted sentence disparities
among defendants with similar records who have been
found guilty of similar conduct; and
(4) the need to provide restitution to any victims of the
offense.

(5) Administrative exhaustion – boring but we have to talk about it
(a) What administrative exhaustion usually is
(b) “Hybrid nature” of sentence reduction exhaustion

(6) Sentence unfairness as a basis for compassionate release
(a) Split in courts over permissible bases for sentence reduction
(b) Reduction of sentences where the same sentence could not be
imposed today

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(7) The compassionate release process
(a) Timing
(b) The Santa Claus question – have you been good boys and girls?
(b) Going back to the well
I hope you all have an amazing rest of the week.

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