Dr. M Blatstein's Blog

U.S. Appeals Court Grants Compassionate Release. Sentence 292 Months, Released – to Time Served

  • The initial Guidelines range was 352 to 425 months, ultimately sentenced to 292 months. Prison can be temporary—that’s up to you.
The Court Found,
…“Non-retroactive changes in sentencing law may constitute extraordinary and compelling reasons warranting compassionate release when other factors, such as the defendant’s rehabilitation, are also present.” Accordingly, the district court found that the non-retroactive changes in the law may favor
compassionate release.
  • The district court weighed the 18 U.S.C. § 3553(a) factors and found that granting Jean’s motion was consistent with these factors. Accordingly, the district court granted Jean’s §3582(c)(1)(A)(i) motion, and Jean was subsequently resentenced to time-served,
My Comment.
There can be life after prison if you put in the effort.
Comprehensive Presentence Interview Preparation, from the heart.
  1. His Presentence Investigation Report explained that he “is truly sorry for putting himself, the court, and his family through this, and this will never happen again. He said he has been thinking about how he got into this situation, his thinking patterns, and what he can do differently in the future, including choices regarding his associates.”
Education and Bettering yourself in prison.

2. BOP Case Manager wrote:

· “I have over 20 years of experience within the BOP, and very rarely have I come across an inmate who has truly worked on himself from the day of his admittance in the custody of the BOP. It’s rare to see someone genuinely bettering themselves for a successful return to society.”
· …” A valuable, trustworthy, and indispensable asset – a true testament of an individual who has not only educated himself but also many of his peers as he prepares for re-entry back into society.”
The court ruled that there is no clear basis in the statute to categorically prevent district courts from considering non-retroactive changes in the law as a factor in compassionate release decisions. Appellate precedent and 1B1.13 do not prohibit the inclusion of such factors in the compassionate release calculation. https://cases.justia.com/federal/appellate-courts/ca5/23-40463/23-40463-2024-07-15.pdf?ts=1721086216
Questions?
240.888.7778
Dr. Blatstein (Marc)
Physician Presentence Report Service (PPRSUS.com)
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