Bernard Edmond v. United States
Securities
Whether sentencing-disparities-can-serve-as-basis-for-compassionate-release
ISSUE PRESENTED I. WHETHER THIS COURT SHOULD GRANT THIS APPLICATION FOR WRIT OF CERTIORARI AND RESOLVE A SPLIT BETWEEN THE FEDERAL CIRCUIT COURTS AND APPLY RETROACTIVELY A TRIAL COURT’S ABILITY TO RESENTENCE DEFENDANTS BECAUSE THER SENTENCING DISPARITIES ALONE OR IN COMBINATION WITH OTHER EXTRAORDINARY AND COMPELLING FACTORS SERVE AS A BASIS FOR COMPASSIONATE RELEASE WHEREAS IN THE CASE AT BAR, THE PETITIONER WAS SENTENCED TO 40 YEARS MORE IN PRISON THAN HE WOULD HAVE RECEIVED IF SENTENCED 7 MONTHS LATER WHEN THE FIRST-STEP ACT WAS PASSED WHICH WOULD HAVE ALLOWED THE TRIAL COURT TO CONSIDER AT RESENTENCING THIS DISPARITY AND THE 18 USC SEC. 3553 FACTORS INCLUDING THE DEFENDANT’S MINOR ROLE IN THE OFFENSE, LACK OF CRIMINAL HISTORY AND POSITIVE PERSONAL CHARACTERISTICS?