Federal Defenders of New York Second Circuit Blog

Covid-19

Second Circuit holds that district courts may grant compassionate release on expansive grounds and are not limited to the Sentencing Commission’s criteria.

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In United States v. Brooker (Zullo), No. 19-3218, 2020 WL 5739712 (2d Cir. Sept. 25, 2020), the Second Circuit, in an opinion by Judge Calabresi (joined by Judges Winter and Chin), held that the First Step Act of 2018 (“FSA”) empowers district courts evaluating motions for compassionate release to consider any “extraordinary and compelling reasons” … Read more

Compassionate Release and Covid-19

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Numerous district courts in the Second Circuit and across the country have used the expanded compassionate release provision of the First Step Act, 18 U.S.C. § 3582(c)(1)(A)(i), to release at-risk defendants from custody during the Covid-19 crisis. These courts have found that the ongoing Covid-19 pandemic, combined with underlying medical issues that increase a defendant’s risk … Read more