News You Can Use: Tenth Circuit Will Hear Argument Today (at 2 p.m.) In A Noteworthy Compassionate Release Appeal

The Tenth Circuit will hear oral argument today September 22, 2020 at 2 p.m., in United States v. Maumau, No. 20-4056, a government appeal out of the District of Utah with potential implications for compassionate release litigation throughout the circuit. The issue is whether the district court has authority to determine for itself what constitutes an “extraordinary and compelling reason” that would justify compassionate release under 18 U.S.C. § 3582(c)(1)(A), notwithstanding the BOP and the Sentencing Commission have promulgated definitions.  The case concerns both the language of Section 3582(c) and the validity of USSG 1B1.13, as well as its commentary. Former federal district court judge John Gleeson represent Mr. Maumau.  You can learn more about Judge Gleeson here: https://www.debevoise.com/johngleeson                   You can listen to the argument in real time on the circuit’s YouTube channel by clicking here:https://www.youtube.com/watch?v=IaR1ZYqvC4A                                  Audio recordings of the arguments can be found on the circuit’s website – with a time lag of about two days – by clicking here: https://www.ca10.uscourts.gov/oralargument/search/recent

The appellate briefs and district court order are available here:

Resource: District of Colorado Enters General Order Authorizing Video or Telephone Conferencing in Certain Criminal Proceedings

The District of Colorado continues to respond to the ongoing impact of COVID-19 on the functioning of federal courts. 

On April 6, 2020, Chief Judge Philip A. Brimmer entered a General Order, pursuant to the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), authorizing judges in the district, with the consent of the defendant after consultation with counsel, to use video teleconferencing, or telephone conferencing if video teleconferencing is not reasonably available, for a number of criminal proceedings.   The specific hearings covered are listed in the General Order, and include felony pleas under Rule 11 and felony sentencings under Rule 32 “if judges in individual cases find, for specific reasons, that felony pleas or sentencings in those cases cannot be further delayed without serious harm to the interests of justice[.]”

This General Order will remain in place for 90 days “unless terminated earlier.” 

A previously-entered General Order describing COVID-19-related changes to court operations (in place through May 1, 2020) can be found here.