Oh where have you gone, compassionate release?

Our district’s collective compassionate-release project, like a speeding car with a blown flat tire, has rolled to a wobbly, harrowing stop. But not all is lost. The Supreme Court may fix the tire soon. In the meantime, here is the latest news.

What’s up with US v. Bryant, 996 F.3d 1243 (11th Cir. 2021)? Since that treacherous decision arrived in May, most (but not all) compassionate release aspirants are at a standstill. And now we will have to wait longer than we thought for the Supreme Court to grant or deny the pending Bryant certiorari petition. The Solicitor General has asked for more time to file its brief in opposition, and the new deadline is October 15, 2021. This means the Supreme Court won’t conference the petition until November or December. You’ll find the petition, the amicus briefs, and other content on SCOTUSblog’s Bryant page.

Do you have a current or former CR client who has been granted home confinement through the CARES Act? The Biden administration is inviting some people (with drug convictions only, it seems) on home confinement to apply for clemency. You’ll find a link to a news story on Politico’s web site.