The Court continues its in-house disagreement on the use of changes in the law as a basis for compassionate release.  In today's United States v. McCall,  a divided panel of the Court holds " a court may consider a nonretroactive change in the law as one of several factors forming extraordinary and compelling circumstances qualifying for sentence reduction under 18 U.S.C. § 3582(c)(1)(A)."  In doing so, the panel determined that while prior precedent held that a change in the law may not be the sole basis for compassionate release, it could, along with other factors, qualify as a proper basis for a reduction in sentence.  The panel further determined that cases holding otherwise improperly ignored the Court's ruling in United States v. Owens, 996 F.3d 755 (6th Cir. 2021), and thus were not binding.  In his dissent, Judge Kethledge noted that "for the district courts in this circuit, our decision in this case renders the law on the issue presented unknowable."  

It would seem this case tees up the matter for en banc review.  Stay tuned!!

3 comments:

EUMAXINDIA said...

We are Best Lawyers for Cheque bounce cases in Chennai— Find the best lawyers for Cheque bounce cases in Chennai at this instant.

Cheque bounce case advocates near me

Antonio Rainey said...

I am so delighted I found your weblog, I really found you by accident,
And would just like to say thank you for a fantastic post and a all round entertaining blog (I also love the theme/design), HOW TO OBTAIN DMV & DVLA FAKE DRIVERS LICENSE THAT WORKS I don't have time to go through it all at the minute but I have bookmarked it and also added your RSS feeds, so when I have time I will be back to read a lot more, Please do keep up the excellent job.

Y’all don’t forget to join this DMV EXPERTS TELEGRAM GROUP for more information about new drivers license and updated materials being used along the production process of the DL . You can also take advantage to learn and meet many Experts who will guide you on numerous techniques for anyone who love hacking and don’t know how to go about it .

life2020 said...

This is a great article thanks for sharing this informative information wish to see more related articles from you
Criminal Defense Attorney fort lee