The COVID-19 pandemic impacted most facets of society, including those individuals that are currently incarcerated. Many people in prison have a higher risk of suffering severe illness due to COVID-19 and are justifiably concerned regarding the threats posed by the virus. Some individuals may be eligible for compassionate release, but demonstrating such release is warranted is difficult, as noted in a recent Michigan opinion issued in a case in which the defendant was convicted of a weapons offense. If you are charged with a criminal offense, it is prudent to meet with a seasoned Michigan criminal defense attorney as soon as possible to determine your options for seeking a favorable result.
History of the Case
It is reported that the defendant was charged with being a felon in possession of a firearm, in violation of federal law. He had an extensive history of criminal convictions, including felony convictions for assault and delivery and possession of drugs. He pleaded guilty to the firearms charge and was sentenced to 46 months in prison. He began serving his sentence in January 2019. The defendant filed two motions for compassionate release. He withdrew the first, and the second was denied. He then filed a third motion for compassionate release, which was also denied.
Grounds for Compassionate Release
Pursuant to the First Step Act, a district court can consider motions filed by incarcerated defendants asking for reductions in their sentences. In determining whether to grant a compassionate release motion, a court has to engage in a three-part analysis. First, it must find that compelling and extraordinary reasons warrant a reduced sentence. The court must then ensure that the reduction complies with the applicable policy statements issued by the sentencing commission. Finally, the court must weigh all relevant statutory sentencing factors. If the court finds that each requirement is met, it may reduce a prison sentence but is not required to do so. Continue Reading ›