Compassionate Release: or 18 U.S.C. §3582(c)(l)(A) has come under attack recently by some conniving U.S. Attorneys. They have tried to prevent judges from exercising power under this section to reduce prison sentences. In response, the D.O.J. felt the need to issue a memorandum about this issue.
Compassionate Release for those living under a rock allows an inmate to apply for a reduction in their sentence. It gives the judge the power to change their sentence after that person has been incarcerated.
Sign away your ability to file Compassionate Release
Lately, some U.S. attorneys who are upset that people are getting out have started making plea deals that the defendant is waiving their rights to have the ability to use Compassionate Release. This was horrible because we have ever-evolving strains of covid, and typically we see one worse than the former as COVID evolves.
Essentially, tricking people into waiving their right to apply for Compassionate Release, to me, would classify as cruel and unusual. Say, for example, a new strain of covid came about that had an 80% mortality rate. People should die in prison then because some U.S. Attorney does not want to write a rebuttal argument to the motion? It’s their job to do such.
Trying to prevent people who have cause in submitting a compassionate release so that the prosecutor can now have to write a motion is unreal.
DOJ slaps federal prosecutors (metaphorically)
The memorandum from the D.O.J. quoted the law for compassionate Release, presumably to let them know where to find it. It is hysterical that the D.O.J. felt the need to specify this to the federal prosecutors to begin with.
For me, it was great reading the memorandum that chastised the Federal Prosecutors. They do so much backward and corrupt stuff to begin with that it was nice to see someone, especially the D.O.J., call them out on it.
Many people who are sentenced federal are not sentenced to life. That said, they should not have to face the death penalty by dying of COVID in federal institutions just because the U.S. Attorney is too lazy to write a motion in response if that person files a compassionate release.
This was a significant victory for the prison reform crowd. It’s good to know that people will not be forced under threat of a sentence that is 10x longer to sign away their right to the ability to write a compassionate release motion and submit it to the court.
You can volenterially wave this ability, but no one will do that. The U.S. Attorneys were trying to force people to do this only gives testament to the power of the compassionate release motion. I am a massive fan of, to begin with, as if it were not for this ability, I would still be in prison, with an outdated 1/3/2024.
Here is the memorandum for your review: