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Joel Austin Faced June 30 BOP Surrender Date With Judge Rakoff To Rule On Missing Element By Then

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

SDNY COURTHOUSE, May 15 – Amid the stream of interpretation and re-interpretations of the Supreme Court's decision in Rehaif v. United States, 139 S.Ct. 2191 (2019), on May 15 U.S. District Court for the Southern District of New York Judge Jed S. Rakoff held a telephone oral argument in the long-running case of Joel Austin.

      It's come to this: "the circumstances created by the coronavirus outbreak and the resulting strain on the Bureau of Prison's resources leads the Court to conclude that the previously-set surrender deadline of April 30 is no longer appropriate. Accordingly, the defendant's deadline to voluntarily surrender to the custody of the Bureau of Prisons is hereby extended to June 30, 2020 at 2 PM."

     On May 15, Judge Rakoff disagreed with the US Attorney's Office's emphasis on Austin having to show prejudice, focusing instead on the unfairness of a mistake on one of the elements of a crime - for which Austin spent nine years in jail, and now faces re-entering the prison system, with Judge Rakoff committed to rule before the June 30 surrender. The case is US v. Austin, 06-cr-991 (Rakoff).


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