Can a motion for compassionate release for abuse of discretion incorporate de novo review with respect to questions of statutory interpretation?

MultiRegion, United States of America

The following excerpt is from United States v. Israel, 20-3461-cr (2nd Cir. 2021):

"We review the denial of a motion for compassionate release for abuse of discretion, which incorporates de novo review with respect to questions of statutory interpretation." United States v. Saladino, 7 F.4th 120, 122 (2d Cir. 2021). Section 3582(c)(1)(A), as amended by the First Step Act, provides that a court "may reduce the term of imprisonment . . . after considering the factors set forth in section 3553(a) to the extent that they are applicable, if it finds that . . . extraordinary and compelling reasons warrant such a reduction." 18 U.S.C. 3582(c)(1)(A). Even where an inmate demonstrates extraordinary and compelling circumstances, a judge retains discretion to

deny relief after considering the 3553(a) factors. Id.; 18 U.S.C. 3553(a); see also United States v. Jones, 17 F.4th 371 (2d Cir. 2021) ("[E]xtraordinary and compelling reasons are necessary- but not sufficient-for a defendant to obtain relief under 3582(c)(1)(A).").

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