| After Release Date Changed
To June 25 SDNY Judge Berman Orders Release
April 29
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
April 28 – The U.S.
Bureau of Prisons amid the
Coronavirus pandemic said
inmate Jeffrey Musumeci would
be released tomorrow, 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.
And 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." Inner
City Press
will continue
to cover this
cases.
This case is US
v. Musumeci, 07-cr-402
(Berman).
***
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