Dist. Ct. did not err in denying defendant’s motion for compassionate release based on fact that U.S. v. Ruth, 966 F.3d 642, found that certain Illinois drug convictions no longer qualified as predicate convictions for federal recidivist enhancements, and that his 216-month sentence was based in part on said enhancement. While defendant argued that change in law caused by Ruth constitutes extraordinary and compelling reason to grant his compassionate release request, Ct. of Appeals found that changes in case law or statutes are not extraordinary or compelling reasons to grant requests for compassionate release. Ct. of Appeals also rejected defendant’s contention that U.S. Supreme Court decision in Concepcion, 20-1650, June 27, 2022, held that anything at all may be deemed extraordinary or compelling reason to support request for compassionate release.
Federal 7th Circuit Court
Criminal Court
Sentencing