Federal Defenders of New York Second Circuit Blog

compassionate release

Second Circuit remands for clarification in “close” case involving denial of motion for compassionate release

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In United States v. Castillo, No. 23-6229 (2d Cir. Jan. 15, 2025), a Second Circuit panel (Livingston, Calabresi, Merriam, JJ.) remanded for the district court to clarify its reasons for denying a compassionate release motion—or, in the alternative, to grant the motion. The defendant, 65-year-old Frank Smith Castillo, moved for compassionate release after serving more … Read more

In a motion for Compassionate Release, “a district court does not have discretion to consider new evidence . . . attacking the validity of the underlying conviction” in weighing “the 18 U.S.C. § 3553(a) factors.” United States v. Amato (Victor Orena), No. 21-2747, __ F.4th ____ (2d Cir. June 15, amended Aug. 31, 2022) (per curiam) (C.J.J.’s Pooler, Sack, and Nathan).

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(The opinion in this case was originally issued on June 15 2022, and published at 37 F.4th 58, but was withdrawn and “this amended opinion [was issued] in its place”). See ECF No. 85, Opinion of Aug. 31, 2022  (“Op.”)  at 3 n.1. Appellant Victor Orena appealed the district court’s denial of his motion to … Read more

“We can do that. We don’t even have to have a reason.”

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Today’s Second Circuit summary order in United States v. Foskey, No. 21-149-cr, brings to mind a Caddyshack line that I think of often (quoted above). In Foskey, the Circuit upheld the district court’s denial of a motion for a reduced sentence pursuant to 18 U.S.C. § 3582(c)(1)(A). Before the Circuit, the defendant argued that the district … Read more

Second Circuit holds there is no right to counsel on an appeal from a compassionate release motion, but an appeal is not frivolous unless it “lacks an arguable basis in law or fact.”

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In United States v. Fleming, No.  20-1776 (2d Cir. July 14) an appeal from a denial of compassionate release, the Second Circuit granted a motion to be relieved filed by counsel , but denied the government’s motion for summary affirmance on the ground that the appeal was not frivolous. The motion was an Anders motion … Read more