| 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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