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First Step Act – Compassionate Release

By: Derek Hawkins//June 8, 2021//

First Step Act – Compassionate Release

By: Derek Hawkins//June 8, 2021//

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7th Circuit Court of Appeals

Case Name: United States of America v. David L. Newton

Case No.: 20-2893

Officials: RIPPLE, HAMILTON, and KIRSCH, Circuit Judges.

Focus: First Step Act – Compassionate Release

David Newton, an inmate at FCI Seagoville in Texas, moved for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i). He seeks a reduced sentence of time served because of the COVID-19 pandemic. He submitted that the combination of his asthma, hypertension, and use of a corticosteroid heightened his risk of serious consequences should he become infected. The district court denied the motion; it concluded that Mr. Newton failed to establish the “extraordinary and compelling reasons” required under the compassionate release statute. Because the district court did not address adequately Mr. Newton’s arguments, we vacate the court’s judgment and remand the case for further proceedings.

Vacated and remanded

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Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.

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