The court granted a motion for release, revisiting sentence under Fair Sentencing Act even though majority of the conviction was for powder cocaine, rather than crack. While individual had lengthy criminal history, he had served 12 years in prison which constituted effective deterrance.
United States v. Ford, 8_09-cr-00468, No. 644 (D. Md. May. 29, 2020)
DETAILS
Decision
Date
5/29/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Delayed Surrender, Release
Type of Court
Federal District Court
Location
Maryland
Type of Case
Individual
Case Characteristics
Elderly, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Release Granted
Yes
Compassionate Release Case
No
Compassionate Release Specific Characteristics
Has a disciplinary history, Has a significant criminal history, Went to trial
Conspiracy to distribute and possess over 5 kilograms of powder cocaine and over 50 grams of crack cocaine, as well as a "prolonged history of criminal activity."
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request., Exhaustion is subject to equitable exceptions.
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