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Ethics/Professional Responsibility,
Criminal,
9th U.S. Circuit Court of Appeals

May 6, 2021

Ex-lawyer’s compassionate release must await appeal outcome, district judge rules

Responding to a request from federal prosecutors to reconsider her April 28 order, U.S. District Judge Susan Illston on Tuesday agreed with the government's argument that under federal rules of criminal procedure, district judges can only issue an indicative ruling on a compassionate release motion and cannot modify the sentence when it is the subject of a pending appeal.

A federal judge who granted a former Sonoma County real estate lawyer's request for compassionate release from prison due to the pandemic has amended her decision while the 9th U.S. Circuit Court of Appeals adjudicates a challenge of the sentence.

Responding to a request from federal prosecutors to reconsider her April 28 order, U.S. District Judge Susan Illston on T...

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