US v. Jenkins: In 2017, Jenkins was sentenced to 120 months in prison after pleading guilty to drug and firearm offenses. In 2020, he filed a pro se motion for compassionate release, arguing that his medical conditions placed him at an elevated risk of serious illness or death from COVID. His motion argued the relevant 3553(a) factors, but did not provide any evidence of post-sentencing mitigation. The district court denied Jenkins’ motion, using a form order that noted the motion had been “DENIED after complete review of the motion on the merits” and that a “separate memorandum accompanies this order.” However, no memorandum was filed until 20 days later, after Jenkins had filed a timely notice of appeal. The memorandum set forth conclusions that Jenkins had exhausted his administrative remedies and that he had presented “extraordinary and compelling reasons” for release, but ultimately concluding that the applicable 3553(a) factors weighed against a reduction.
On appeal, the Fourth Circuit affirmed the denial of Jenkins’ motion. First, the court rejected Jenkins’ argument that it should not consider the late-filed memorandum. The court concluded that the late filing was a clerical error and that it was in the record by the time Jenkins filed his brief and, therefore, could be considered when judging the denial of the compassionate release motion. Judging the reasons set forth in the memorandum sufficient, the court then concluded that the district court did not abuse its discretion in denying the motion.
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