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Tuesday, January 21st, 2025

Second Circuit remands for clarification in “close” case involving denial of motion for compassionate release

In United States v. Castillo, No. 23-6229 (2d Cir. Jan. 15, 2025), a Second Circuit panel (Livingston, Calabresi, Merriam, JJ.) remanded for the district court to clarify its reasons for denying a compassionate release motion—or, in the alternative, to grant the motion.

The defendant, 65-year-old Frank Smith Castillo, moved for compassionate release after serving more than 19 years in prison for three armed bank robberies in which no one was seriously injured. Castillo was sentenced in 2005 to a then-mandatory life sentence, but in 2018, the First Step Act opened the door for him and others to seek release if they demonstrate “extraordinary and compelling” circumstances.

In his motion, Castillo cited, among other things, his exemplary record in prison, his “low risk of recidivism” per the Bureau of Prisons, and even a letter from the former prosecutor in his case urging the court to grant relief. Castillo further cited …

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Categories: compassionate release, First Step Act, jacobson remand, mandatory minimum

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Categories: compassionate release, First Step Act, jacobson remand, mandatory minimum

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Saturday, October 13th, 2007

SUMMARY SUMMARY

Summary orders do not have precedential effect. But, those filed after January 1, 2007, can now be cited as long as certain citation requirements are met. See Fed.R.Ap.Proc. 32.1 and Second Circuit Local Rule 32.1. In light of this, starting October 2007, the Second Circuit Blog is introducing a new feature, called Summary Summary. In it we briefly comment on summary orders of interest.

So, here we go!

United States v. Watson, No. 05-6184-cr (October 3, 2007)(summary order). During deliberations, a juror became convinced that the government’s main witness was the same man who had raped the juror’s daughter the year before, and the court discharged her. The court of appeals held there was “good cause” under for the discharge under Fed.R.Crim.Proc 23.1.

United States v. Tyson, No. 06-1727-cr (October 12, 2007)(summary order). Tyson appealed several aspects of his sentence, including an obstruction of justice enhancement. The court held that …

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Categories: good cause, jacobson remand, juror discharge, summary order, Uncategorized

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Categories: good cause, jacobson remand, juror discharge, summary order, Uncategorized

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