Nature and Circumstances of Crime
Nature and Circumstances of the crime is something we often see as a reason for denying compassionate releases. It is important to address these issues with the court if you wish to succeed.
April 16, 2021
United States v. Schaefer
United States District Court for the Southern District of Alabama, Southern Division
2021 U.S. Dist. LEXIS 72515
Compassionate release denied due to nature and circumstances of crime
Schaefer pled guilty to three counts of bank robbery and two counts of the use of a firearm in furtherance of a crime of violence. He was sentenced on October 15, 2010 to a total of 20 years in prison
Schaefer was convicted of three bank robberies. In two of the robberies, he threatened the bank teller with a gun. Prior to this, Schaefer had been convicted of resisting a police officer with violence and battery of a law enforcement officer.
Schaefer requested compassionate release from the court, however due to these circumstances surrounding his crimes, the court decided that he did not meet the threshold requirement for further consideration, and he was denied compassionate release.
This is an example of a case where addressing the nature and circumstances of the crime (3553 factors) and what the defendant has done to correct his behavior could have helped in winning early release.
