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

Nature and Circumstances

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

Lloyd M. Schaefer

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.

About Brandon Sample

Brandon Sample is an attorney, author, and criminal justice reform activist. Brandon’s law practice is focused on federal criminal defense, federal appeals, federal post-conviction relief, federal civil rights litigation, federal administrative law, and the Freedom of Information Act (FOIA).

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