resources on the cases that merit a chance of success in court .
Here are the numbers : Since the pandemic began , the Federal Defender Program has reviewed 439 cases . We have filed 116 ( and counting ) compassionate-release motions . Private attorneys , too , have filed motions of their own .
At the time of publication , these are the compassionate-release statistics in the Northern District of Georgia :
• Orders granting motions : 55
• Judges granting motions : 13
• Lawyers winning motions : 32
• AUSA ’ s consenting to motions : 24
• Years saved on the sentences : 296
That ’ s a lot of holidays , birthdays , anniversaries , family reunions , funerals , movies , fights , loves , back-to-school nights , driving lessons , graduations , basketball games , grandkids , house payments , medical bills , and paychecks . That ’ s a whole lot of life saved .
The amended compassionate-release statute has been an antidote to the virulent pandemic sweeping through our federal prisons . It was a vaccine before we had a vaccine . Judges in our district have used the new tool to save dozens of sick , aging , non-violent men and women from disease and death .
But I find it curious that within the title and text of Section 3582 ( c )( 1 )( A ), the words “ compassionate release ” are nowhere to be found . That is simply what everyone — judges , lawyers , politicians — calls the statute . By speaking of the statute in this way , we illuminate what Lincoln called the “ better angels of our nature .”
What came of our review of Gregory Samuda ’ s case ? On December 7 , 2020 , Byron L . Conway , staff attorney at the Federal Defender Program , filed a compassionaterelease motion . Assistant United States Attorney Michael V . Herskowitz notified the court that he did not oppose the motion and , on December 15 , 2020 , merely eight days after the motion arrived at the courthouse , Judge Michael L . Brown granted the motion and reduced Samuda ’ s sentence to time served , or by more than three years : “ The intersection of Defendant ’ s risk factors and his incarceration ( where he lacks any ability to protect himself from the risks of the virus ) combine to present ‘ extraordinary and compelling reasons ’ for compassionate release pursuant to [ Section ] 3582 ( c )( 1 )( A ). Many other courts have reached a similar conclusion in similar cases .”
So they have . Consider , too , my own client , Joe Tanturri , whom Judge Richard W . Story released with this poetic flourish : “[ T ] he Court finds that Tanturri has met the legal requirements for [ compassionate release ]. But beyond that , in the Court ’ s view , if there is a ‘ spirit ’ as well as a letter of the law concerning such relief , surely it too has been met here . Mr . Tanturri ’ s further confinement under the present circumstances serves no good interest . Basic human compassion weighs in favor of granting him the relief he seeks .”
Connecting Lawyers with Offices and Offices with Lawyers .
Looking to lease your empty office space to other lawyers ? LawSpaceMatch . com is where lawyers go to lease LawSpace to lawyers . List LawSpace quickly and easily , outline practice areas and upload 6 photographs . Created by lawyers sharing LawSpace . Contact service @ lawspacematch . com for 30 day FREE LawSpace listing Promo Code .
www . atlantabar . org THE ATLANTA LAWYER 19