Fascinating compassionate release ruling based on clear sentencing error without other means of remedy
Regular readers are likely familiar with many of my (pre-COVID) prior posts making much of the provision of the FIRST STEP Act allowing federal courts to directly reduce sentences under the (so-called compassionate release) statutory provisions of 18 U.S.C. § 3582(c)(1)(A) without awaiting a motion by the Bureau of Prisons. I have long considered this provision a big deal because, if applied appropriately and robustly, it could and should enable many hundreds (and perhaps many thousands) of federal prisoners to have excessive prison sentences reduced on a variety of grounds. A helpful reader alerted me to an especially interesting example of the granting of a sentencing reduction in
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Joseph Nardone, assassin and ‘headache man’ for ruthless Boston drug ring that exacted code of silence in Charlestown in ’90s, seeks compassionate release from prison
Updated Mar 01, 2021;
Posted Mar 01, 2021
Joseph Nardone was convicted in the 1990s for his role in a ruthless and elaborate street-level narcotics ring in Charlestown. The Boston gang instilled a code of silence among its members and those who came into contact with it, with Nardone serving as the operation s chief assassin and headache man. He s now seeking compassionate release from prison due to a slew of medical conditions that put him at high risk of coronavirus. Pictured here is a letter he wrote to a federal judge in 2020, detailing the risks posed to him in prison. (Joseph Nardone/U.S. District Court)
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‘It’s gut-wrenching’: Edgar Bowser, man who killed Shrewsbury Police Officer James Lonchiadis in 1975, granted medical parole
Updated Feb 04, 2021;
In 1975, Edgar Bowser, armed with a .32 caliber handgun, shot and killed 28-year-old Shrewsbury Police Officer James Lonchiadis. Forty-six years later, Bowser has been granted medical parole.
The 62-year-old inmate has spent much of the past five decades behind bars but is now being granted medical parole after a decision was issued by Massachusetts Department of Correction Commissioner Carol Mici, sources told MassLive.
Bowser, an inmate at Old Colony Correctional Center in Bridgewater, has been diagnosed with metastatic nasopharyngeal carcinoma, a rare cancer that originates in the upper part of the throat. The cancer has spread to his bones, and he remains unresponsive, which is why he was granted medical parole in the first place, according to Bowser’s Somerville-based attorney, Rebecca Rose.