From Henry Bell's FACDL email- posted without his permission- so sue us:
Earlier this week I shared a compassionate release order which Emanuel (Manny) Perez obtained from Judge Cooke in USA v. Nieves Suarez. The government moved to reconsider (no surprise there) and Judge Cooke denied the motion (Good!!). I am attaching the order denying the government's motion to reconsider. Great job Manny and congrats again! There is more, however. Much more......
In her order denying the government's motion to reconsider, Judge Cooke relied on Judge Williams' April 10th release order in USA v. Daryl Hope. I therefore pulled the Hope order, figuring that it might be helpful. I am attaching it here. Although it discusses compassionate release in the Covid-19 context, Judge Williams' order is also based on the "extraordinary and compelling reasons" for release stemming from the injustice of Mr. Hope's life sentence.
A review of the docket shows that Mr. Hope is a rather persistent and intelligent fellow. His pursuit for release was some odyssey. After tangling ass [Rumpole interjects- we love the use of old legal terms- it brings a certain class to a discussion] with Judge Zloch for years on a pro se basis and losing every application and appeal he filed, Mr. Hope filed a motion for compassionate release under the First Step Act that was summarily denied without the judge apparently reaching the merits. The intrepid Mr. Hope, who had submitted his medical records and had done everything he could to improve himself over 30 years in prison, moved for reconsideration and for the appointment of counsel. The case was transferred from Judge Zloch to Judge Williams (why exactly is not so clear in the docket although it states that the presiding Judge was no longer accepting filings in the matter). That turned out to be Mr. Hope's lucky day because Judge Williams appointed the FPD.
AFPDs Janice Bergman and Bernando Lopez took the reins,[Rumpole says- cue Rocky Theme] and over the government's objections they convinced Judge Williams to release Mr. Hope after serving 30 long years in prison. Mr. Hope, whose sentence was jacked up to life imprisonment because of an 851 enhancement, is about 50 or so years old and has plenty to live for. He is no longer the same lost kid sentenced to life in prison back in 1990. Judge Williams issued a thoughtful and well reasoned order. Congrats are in order for Bernando and Janice for a job well done! If I missed someone else's involvement in getting Mr. Hope released please let us know. Congrats again. It was great to happen upon some good news.
Can you attach both orders, please.
ReplyDeleteRUMPOLE - Kim Jong Un. Alive or dead?
ReplyDeleteWhat do you think? You have espionage officers working for you all over the globe...
Look, Mr./Ms. 11: 33 pm, Zloch is horrible and everyone knows it but, that comment wishing him dead soon, is way off base and you should apologize for it.
ReplyDeleteWhen I read your comment I was shaken and immediately went back and looked at the original comment. I would never allow someone to post a comment wishing anyone dead. I didn't initially see the connotation. but I do now "meet his karma soon" is so close to the line that I removed the comment. We can say people are mean and have bad karma. But I guess in this current age, "meeting karma soon" does mean the same as wishing them dead. And that in and of itself is bad karma.
ReplyDeleteRumpole, if we were not clear let us be clear now. YOU ARE BANNED FROM FACDL LISTSERV you may not read it, look at it, consider it, or post about it. Capiche? Plus you do not pay due you cheap blogging hack.
ReplyDeleteWHAT!!!!!!
ReplyDeleteI wrote that Karma comment about Judge Zlock. It was totally misinterpreted. I believe in Karma and do not want to sow "bad karma" for myself. I would never wish someone dead. What I meant was that I can't wait for all the mean spirited things he has done to come back to him.
Rumpole agains shows what a jerk he is publishing something without the author's permission.
ReplyDeleteTrue...so true. Especially because I don't pay FACDL dues and many of their members send me the emails all day long. Of course, there is this eeny weeny teeny issue of sending an email to hundreds of people and assuming that it's private and anyone needs permission to use it. But other than that...so very true.
ReplyDeleteI love Rumpole.
ReplyDeleteDon't always agree with him but he is interesting, and smart, and I believe
his heart is in the right place. A winner in my book so stop picking on him!
P.S. He is sowing "good karma".
Henry Bell is a classy guy and a bit of a wordsmith. You should invite him to be a contributor on the blog.
ReplyDeleteI disagree that "meet his karma soon" is a death threat. It's just a "I hope this asshole gets hammered by some other asshole when a just and merciful magistrate would have cut him a break." It does betray a misunderstanding of karma. Karma is always with us, we don't "meet" karma any more than a fish "meets" water. Karma pervades the universe.
ReplyDeleteBut, the wish, the wish that bad things happen to the unjust magistrate, the judge who lacks compassion, is not a positive way to move our race through the universes. Don't even the unjust deserve justice?
You saw the email. You couldn't reach out to the author to ask whether you could post? That seems like the decent thing to do. Oh, I answered my own question.
ReplyDeleteReligion - BS
ReplyDeleteKarma - BS
We live in an indifferent universe. The notion of higher powers, karma, etc. only serve to provide false reassurance that the universe plays fair at the end of the game, whatever that means. It's also a convenient way to abdicate responsibility for our own conduct and refusal (cowardice?) to stand up and make a difference. Appreciate your existence here and now, folks. It's the only life you've got. Be kind, speak out against what you know is wrong or unjust, and strive for excellence, not perfection.