Can we say that a court would abuse its discretion by granting someone compassionate release on this record?

MultiRegion, United States of America

The following excerpt is from United States v. Brooker, 976 F.3d 228 (2nd Cir. 2020):

Nor can we say, as a matter of law, that a court would abuse its discretion by granting someone compassionate release on this record. It bears remembering that compassionate release is a misnomer. 18 U.S.C. 3582(c)(1)(A) in fact speaks of sentence reductions. A district court could, for instance, reduce but not eliminate a defendant's prison sentence, or end the term of imprisonment but impose a significant term of probation or supervised release in its place. Id. Beyond this, a district court's discretion in this areaas in all sentencing mattersis broad. See United States v. Cavera , 550 F.3d 180, 188 (2d Cir. 2008) (en banc) (noting a district court's "very wide latitude" in sentencing). The only statutory limit on what a court may consider to be extraordinary and compelling 5

[976 F.3d 238]

Other Questions


If a court finds that a sanction imposed by a district court was an abuse of power, does the court have any authority to determine whether the sanction was abused or abused? (MultiRegion, United States of America)
In what circumstances will the Court consider an abuse of discretion finding that the Attorney General abused his discretion by asking a confederate to have the Graham family assaulted? (MultiRegion, United States of America)
Does a grant or denial of a continuance granted by a federal court be reviewed for abuse of discretion? (MultiRegion, United States of America)
Is a motion for a continuance granted by the trial court on the date of trial on the basis that the trial judge abused his discretion to grant the motion? (MultiRegion, United States of America)
Is a court's decision to grant or deny costs for abuse of abuse of power or abuse of funds to a school? (MultiRegion, United States of America)
What are the implications of a finding of "abuse of discretion" in a finding that a judge abused discretion? (MultiRegion, United States of America)
In what circumstances will the US Supreme Court refuse to grant a motion to dismiss a motion for contempt of court when there are circumstances that would otherwise result in a miscarriage of justice? (MultiRegion, United States of America)
Can a federal court revoke a term of supervised release for abuse of discretion? (MultiRegion, United States of America)
Is a federal court's sentence for violation of supervised release an abuse of discretion? (MultiRegion, United States of America)
Does a denial of a motion for compassionate release for abuse of discretion incorporate de novo review with respect to questions of interpretation? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.