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.