Category: Appeals

There are ways that an incarcerated person can seek a compassionate release while on direct appeal.

In Kallas, the Ninth Circuit reversed the denial of a 2255 motion to vacate without holding an evidentiary hearing. Read more here.

In Kirschner, the District of Indiana granted 3582 compassionate release relief to a person due to coronavirus concerns.

We’ve covered the right to allocute before here on this newsletter but it keeps coming up in different ways.

In United States vs. Nolan, the Second Circuit found that a lawyer had been ineffective for failing to object to an eyewitness ID and a photograph.

These Stacked 924 relief cases might be relevant to you as you consider filing a motion to reduce your sentence under 18 USC 3582.

In Head, the Eastern District of California granted a COVID-19 compassionate release.

In United States vs. Michael Scripps, No. 18-2663, the Third Circuit held that a 2255 required an evidentiary hearing when there was no justification on the record as to why Appellate Counsel did not make arguments about the lack of allocution.

Failure to inform a defendant that knowledge of his status of a prohibited person when he possessed the weapon was structural error.

In United States vs. Alam, the 6th Circuit upheld a dismissal of a compassionate release case for failure to wait 30 days.