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To Bureau of Prisons SDNY Judge Berman Ordered Musumeci Release By Noon At 11:15 It Happened

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The Source

SDNY COURTHOUSE, April 29 –  The U.S. Bureau of Prisons amid the Coronavirus pandemic said inmate Jeffrey Musumeci would be released today, April 29. Then without explanation, even as the virus spread, they changed it to June 25.

  On April 28 U.S. District Court for the Southern District of New York Judge Richard Berman asked for the second day in a row what sense this made. He called it arbitrary, a case of "the inmates running the asylum." Then, nearly an hour into the proceeding, he noted that BOP's action might take the case out from under the "exhaustion of remedies" 30 day waiting period, since it was in essence an action, a decision.

  Judge Berman has said, in this case and others including that of Tyler Toro, that in this period of pandemic he and other Federal judges are doing their most important work, in conjunction often not only with defense lawyers but also some Assistant US Attorneys, trying to release those who can be released, to protect them.

  Later on April 28, this Order, after "the hearings held by this Court on April 27, 2020 and April 28, 2020 at which the Court stated that, while it would prefer that BOP release Mr. Musumeci to home confinement on April 29, 2020, if BOP fails to do so the Court would quickly decide the compassionate release motion. (The Court incorporates into this Decision & Order the full transcripts of the proceedings held on April 27, 2020 and April 28, 2020.) The Court without hesitation grants Musumeci's motion for a compassionate release. The Court reduces Defendant's sentence to time served effective immediately, followed by five years of supervised release. The BOP is respectfully directed to release Mr. Musumeci to his daughter, Jessica Beatty, no later than noon on April 29, 2020."

 Now Inner City Press can reliably report that the release took place, to Ms. Beatty, at 11:15 am. It is not every day that things, after Kafka-esque chess moves, move this quickly. We'll have more on all these cases, and we hope on work to assess and document the benefits of these approaches.

This case is US v. Musumeci, 07-cr-402 (Berman). 

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