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Ninth Circuit Tells Federal Prisoner in California to Wait Until Incarcerated Before Applying for Compassionate Release
Loaded on Dec. 27, 2022
by Matthew Clarke
by Matt Clarke
On April 4, 2022, the U.S. Court of Appeals for the Ninth Circuit held that a convicted and sentenced federal criminal defendant who had not yet been incarcerated was not eligible for compassionate release under 18 U.S.C. § 3582(c)(l)(A)(ii).
In October 2019, George Fower …
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- Eighth Circuit Revives Lawsuit Over Iowa Jail Detainee’s Suicide, April 1, 2026
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More from these topics:
- Watchdog Blasts BOP for Failure to Treat Prisoner’s Preventable Cancer, March 1, 2026. Systemic Medical Neglect, Cancer, Failure to Treat, Contempt (Civil Procedure), Compassionate Release.
- U.S. Sentencing Commission Report Breaks Down Federal Contraband Sentences, March 1, 2026. Guard Misconduct, Mechanical Searches/Scanners, Statistics/Trends, U.S. Sentencing Guidelines, Bribery/Extortion/Theft.
- Acquitted Conduct Sentencing: Not Guilty – But Punished Anyway, March 1, 2026. U.S. Sentencing Guidelines, Federal Legislation, Fifth Amendment, Sixth Amendment, Acquitted Conduct/Uncharged Crimes/Dismissed Counts.
- Alaska Deaths in Custody Tie Record High, Feb. 1, 2026. DOC/BOP misconduct, Systemic Medical Neglect, Medical Neglect/Malpractice, Deliberate Indifference, Compassionate Release.
- First Circuit Clarifies Mitigating Role Analysis – Sentencing Courts Must Consider All Identifiable Participants in Drug Shipment, Not Just Crew Members, and Use § 3B1.2 Factors to Assess Relative Culpability, Not Guilt, Dec. 15, 2025. U.S. Sentencing Guidelines, Mitigating Role/Circumstances/Evidence, Miscalculation of the Guidelines Sentencing Range.
- Third Circuit Announces “Commencement of the Instant Offense” in Guidelines § 4A1.2(e) Unambiguously Refers Only to Specific Offense of Conviction, Not Relevant Conduct, Nov. 15, 2025. U.S. Sentencing Guidelines, Sex Offender Registration and Notification Act, Prior Conviction/Sentence/Incarceration, Adequacy of Criminal History Category, Statutory Construction/Interpretation.
- Washington Prisoners Gain Access to Crisis Hotline, Nov. 1, 2025. Statistics/Trends, Failure to Protect (General), Suicides, Deliberate Indifference, Compassionate Release.
- Wisconsin DOC Ordered to Provide Programming for Pregnant Prisoners—34 Years After Law Was Passed, Nov. 1, 2025. Gender Discrimination -- Women, Injunctions, Mothers in Prison, Statutes of Limitation and Laches, Compassionate Release.
- Indiana Supreme Court Announces Whether Defendant’s Actions Were “Objectively Reasonable” Justifying Self-Defense Can Be Considered in Hindsight, Sept. 15, 2025. U.S. Sentencing Guidelines, Criminal Procedure, Appealable Issues/Orders.
- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, Aug. 1, 2025. Staff-Prisoner Assault, Failure to Protect (General), Release and Reentry, Bureau of Prisons (BOP), Compassionate Release.

