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UNITED STATES v. LEUNG (2021)

United States Court of Appeals, Second Circuit.2021-05-26No. 20-2008-cr

Summary

Holding. The appellate court vacated the district court's denial order and remanded the case for reconsideration in light of the Brooker precedent, allowing the district court to reassess the request under the new legal standards and consider any additional facts that have developed since the original decision.

Tony Leung appealed the district court's denial of his request to reduce his prison sentence based on extraordinary and compelling circumstances under federal law. At the time the district court ruled, it was bound by established procedures and standards. However, before this appeal was decided, the Second Circuit issued a decision in United States v. Brooker that significantly changed the legal framework governing these requests, giving district courts broader discretion to determine what qualifies as extraordinary circumstances and allowing defendants to file such motions directly in court after exhausting administrative remedies.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

  • Standard for granting compassionate release motions under 18 U.S.C. § 3582(c)(1)(A)(i)
  • Scope of district court discretion in determining extraordinary and compelling reasons
  • Effect of First Step Act on compassionate release procedures
  • Application of newly issued appellate precedent to pending cases

Procedural posture

Leung appealed a district court order denying his motion for compassionate release modification of his sentence.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

SUMMARY ORDER

Tony Leung appeals from a June 16, 2020 order denying his motion for a modification of his term of imprisonment under 18 U.S.C. § 3582(c)(1)(A)(i). We assume the parties’ familiarity with the underlying facts, procedural history, and specification of issues for review.

Defendants may seek discretionary modifications of their terms of imprisonment for “extraordinary and compelling reasons,” colloquially known as motions for compassionate release. 18 U.S.C. § 3582(c)(1)(A)(i). The Sentencing Guidelines prescribe specific grounds for granting such motions. See U.S.S.G. § 1B1.13, n.1(A). Previously, defendants were required to move for such relief before the Bureau of Prisons (“BOP”), which, in its discretion, would then present select applications to a district court. The district court made its decision before we issued United States v. Brooker, which held that the First Step Act not only changed this procedure by permitting defendants to independently bring compassionate release motions before a district court after exhausting administrative remedies, but also “freed district courts to exercise their discretion in determining what are extraordinary circumstances” when defendants bring such motions. 976 F.3d 228, 234 (2d Cir. 2020). Under these circumstances, we deem it appropriate to vacate and remand so that the distinguished district court can review the case in light of Brooker’s authority. At that time, the court will be free to consider any other facts which have arisen since his prior holding.

Accordingly, the order of the district court hereby is VACATED, and the case is REMANDED for further proceedings consistent with this order.