The Law Office of Tom Norrid
SAMARITAN PROJECTS LLC
P.O. Box 9244
Springfield, MO 65801-9244
The SAMARITAN-PROJECT prepares post-conviction and compassionate release motions under the direction of Attorney Tom Norrid. The Project retrieves documents at reasonable prices. The Project newsletter reports every winning published district court and court of appeals case for the week in review.
CR.RIS/DISPARITY. The District of Kansas granted a CR.RIS motion in United States v. Marlo Toombs, 2025 U.S. Dist. LEXIS 30326 (D. Kan. Feb. 20, 2025). Toombs filed his Third Motion for Compassionate Release under 18 USC 3582(c)(1)(A). The Government did not oppose the motion and conceded that the defendant had established extraordinary and compelling reasons for compassionate release and a sentence reduction would not run afoul of the factors under Section 3553(a). The court granted defendant's motion for immediate compassionate release. The court had imposed a sentence of 30 years with 851 enhancement. Defendant argued he is serving an unusually long sentence, and where there have been sentencing reforms that have modified minimum and maximum drug penalties, altered the 851 enhancement, largely eliminated the crack-powder cocaine disparity, and lowered drug guidelines. The Government conceded as much. The Government further conceded that if sentenced today, defendant's guideline range would be 210 to 262 months, and that a time-served sentence would be warranted given that defendant has served approximately 225 months or approximately 18 years and 9 months of his 30-year sentence.
CR.RIS/USSG 1B1.13(b)(5)/DEPORTATION. The Southern District of New York granted a CR.RIS motion in United States v. Sheng-Wen Cheng, 2025 U.S. Dist. LEXIS 31547 (S.D. N.Y. Feb. 21, 2025). Between 2017 and 2020, Cheng perpetrated several large frauds against individuals, companies and the federal Government while living here on a student visa. The defendant was sentenced to 72 months. In April 2022 Cheng was violently attacked and stabbed while sleeping in his cell in an assault that he believes was racially motivated. Cheng was then placed in solitary confinement for the next five months out of concerns for his safety—conditions that, when paired with the assault, left him with lasting psychological damage. These facts are precisely what 1B1.13(b)(5) catchall is for: extraordinary and unique circumstances in which defendants were forced to endure unduly harsh conditions that make a reduced sentence appropriate. His sentence was reduced to time served and he was ordered to be transferred into Immigration and Customs Enforcement ("ICE") custody for deportation to Taiwan.
CR.RIS/SEALED/DEPORTATION. The District of Minnesota granted a sealed CR.RIS motion in United States v. Eduardo Penaloza Romero, 2025 U.S. Dist. LEXIS 29027 (D. Minn. Feb. 19, 2025). This matter was before the Court on Penaloza-Romero's Sealed pro se Motion to Reduce Sentence Under 18 USC 3582(c)(1)(A)(i). As set forth in the Court's Sealed Memorandum Opinion & Order on Penaloza-Romero's Compassionate Release Motion the court ordered: (1) Penaloza-Romero's motion for Compassionate Release was granted; (2) under 18 USC 3582(c)(1)(A)(i), the court reduced Penaloza-Romero's term of incarceration such that he was released from custody of the Bureau of Prisons; and (3) the execution of this order was stayed for ten (10) days to allow the Bureau of Prisons an opportunity to make the necessary arrangements with Immigration and Customs Enforcement.
CR.RIS/MEDICAL. The District of Idaho granted a CR.RIS motion in United States v. Kenneth Sutton, 2025 U.S. Dist. LEXIS 30805 (D. Idaho Feb. 19, 2025). In 2019 and 2020, through a confidential informant, Government officials discovered that Mr. Sutton and his wife were selling methamphetamine. Sutton pled guilty to Possession with Intent to Distribute Methamphetamine, Aid and Abet, under 21 USC 841(a)(1), (b)(1)(A), and 18 USC 2. The court sentenced Sutton to 96 months imprisonment. Sutton is 51 years old and his special needs stem from an accident in 2001. He was "gravely injured when a large log (36 inches in diameter, 18 feet in length) rolled over him, crushing his spine and pelvis." Between the accident date and Sutton's arrest, his injuries required 26 surgeries. Sutton presented a 2016 Inspector General report finding that the BOP had limited ability to handle inmates with mobility problems for various reasons, including having nonwheelchair accessible buildings and grounds and lacking sufficient lower-bunk space for elderly and handicapped inmates. He has had to rely on a wheelchair and a volunteer inmate "pusher" to help him navigate the facility. Sutton requires treatment by pain and orthopedic specialists. While the BOP is able to send Sutton to some specialty appointments for evaluation and care, variables associated with incarceration cause this process to be difficult and often delayed. Sentence reduced to time served.
CR.RIS/MEDICAL/KIDNEY TRANSPLANT. The Eastern District of Michigan granted in part a CR.RIS motion in United States v. Albert Greer, 2025 U.S. Dist. LEXIS 27500 (E.D. Mich. Feb. 14, 2025). Greer moved for a sentence reduction because of his need for a kidney transplant among other health concerns. A jury convicted Greer of bank fraud and conspiracy to commit bank fraud in 2014. Greer received 168 months. The BOP has refused to provide Greer with a necessary kidney transplant. The Court granted Greer's motion in part by modifying his sentence to time served and placing him on supervised release for three years. The BOP is not ignoring Greer's serious medical needs. Rather, the system it has in place for transplants appears to make it constructively impossible for Greer to seek a transplant while serving the remainder of his sentence in prison. That is, medical staff at MCFP Springfield followed BOP-established guidelines regarding organ transplants for prisoners when it evaluated Greer's request. Greer's claim regarding his transplant presents an extraordinary and compelling reason for relief.
APPEAL/SUCCESSIVE 2255. The Fourth Circuit granted the filing of a successive 2255 in In re: Scott Lewis Rendelman, 2025 U.S. App. LEXIS 4087 (4th Cir. Feb. 21, 2025). In 2008, Scott Rendelman was convicted of mailing threatening communications under 18 USC 876(c). The district court instructed the jury that the Government need prove only that a “reasonable person” would find Rendelman’s communications threatening. Fifteen years later, the Supreme Court held in Counterman v. Colorado, 600 U.S. 66 (2023), that the First Amendment requires the Government to prove—in true-threats cases—that the defendant was subjectively aware of the threatening nature of his statements. Id. at 73. Rendelman sought authorization to file a successive 28 USC 2255 motion to vacate his conviction based on Counterman. The Government agreed that Rendelman satisfied the gatekeeping requirements in 28 USC 2255(h), but asked the court to impose a plausibility requirement. The court declined to do so. Because Rendelman satisfied the gatekeeping requirements, the court granted his motion seeking authorization to file a successive 2255 motion.
APPEAL/BRIBERY. The Second Circuit reversed and remanded United States v. Edward Mangano, 2025 U.S. App. LEXIS 3351 (2d Cir. Feb. 13, 2025). Mangano is the former County Executive, and his wife, Linda Mangano, were involved in a public corruption case. Mangano was accused of accepting bribes from in exchange for using his influence to secure loan guarantees for Singh's businesses. Singh provided various gifts and a no-show job for Linda Mangano, paying her approximately $100,000 annually. The Manganos were accused of conspiring to obstruct a federal grand jury investigation into these bribes by fabricating stories about Linda's employment. Mangano was convicted of conspiracy to commit federal programs bribery, honest services fraud, and related substantive offenses. Linda Mangano was convicted of conspiracy to obstruct justice, obstruction of justice, and making false statements to federal officials. The district court sentenced Edward Mangano to 12 years and Linda Mangano to 15 months. The Second Circuit concluded the evidence was insufficient to convict Edward Mangano of conspiracy to commit federal programs bribery or the related substantive offense. The Court reversed the district court's judgment in part, affirming the convictions related to honest services fraud and obstruction of justice, but reversed the convictions related to federal programs bribery. The case was remanded for further proceedings consistent with the appellate court's opinion.
APPEAL/SENTENCE. The Eleventh Circuit vacated and remanded for resentencing United States v. Gregory, 2025 U.S. App. LEXIS 3431 (11th Cir. Feb. 13, 2025). Gregory was convicted of various drug distribution and conspiracy charges. Gregory challenged the district court’s findings on the type and amount of drugs attributable to him at sentencing. The Northern District of Alabama convicted Gregory of distributing cocaine and conspiracy to distribute drugs. The Eleventh Circuit vacated and remanded the case for resentencing as his sentence exceeded the statutory maximum.
APPEAL/PROSECUTORIAL MISCONDUCT. The Fourth Circuit vacated and remanded United States v. Dushawn Garrett, 2025 U.S. App. LEXIS 3769 (4th Cir. Feb. 19, 2025). Garrett withdrew his pending suppression motion, accepted a plea deal, and pled guilty to three charges arising from a drug trafficking investigation. After he was sentenced, he learned about information in a Government disclosure that, he contended, unearthed evidence of egregious police misconduct that affected the prosecution’s integrity, and prosecutorial misconduct that blocked his ability to understand the case against him. This appeal asked the court to decide whether the newly discovered information renders Garrett’s plea involuntary. The court found that a reasonable defendant standing in Garrett’s shoes would not have pled guilty had he or she known all the relevant information. Therefore, Garrett’s plea was involuntary and was vacated.
APPEAL/EVIDENCE. The Tenth Circuit vacated and remanded United States v. Raymond Goldesberry, 2025 U.S. App. LEXIS 3730 (10th Cir. Feb. 19, 2025). In 2017, Goldesberry's daughter, K.G., who was almost 12 years old, entered her parents' bedroom after a nightmare and climbed into bed next to her father who was asleep. During the night, K.G. awoke to find her father touching her inappropriately. K.G. believed her father was asleep and mistook her for her mother. The Government prosecuted Goldesberry for aggravated sexual abuse of a minor under 12 in Indian Country. The jury found him guilty. Goldesberry was sentenced to 30 years, the mandatory minimum under 18 USC 2241(c). The Tenth Circuit focused on the sufficiency of the evidence, particularly the knowledge element of the charged offense. The court concluded that the evidence presented was insufficient to establish beyond a reasonable doubt that Goldesberry knowingly engaged in the sexual act, as the evidence equally supported the theory that the touching occurred by mistake. The Tenth Circuit vacated Goldesberry's conviction and remanded the case for further proceedings, holding that the Government failed to prove the knowledge element of the offense beyond a reasonable doubt.
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