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United States v. Howard

United States District Court, Eastern District of California
Nov 18, 2021
1:04-CR-5234 AWI-3 (E.D. Cal. Nov. 18, 2021)

Opinion

1:04-CR-5234 AWI-3

11-18-2021

UNITED STATES OF AMERICA, Plaintiff v. CLIFTON ELIAS HOWARD, Defendant


ORDER FOR UNITED STATES TO FILE A RESPONSE TO SUPPLEMENTAL REPLY

(Doc. Nos. 353, 354, 355)

Currently pending before the Court is Defendant's motion for compassionate release under 18 U.S.C. § 3582(c)(1)(A). Recently, Defendant has filed supplemental briefing (Doc. Nos. 353, 354, and 355) in which he describes an apparent steep decline in his health condition. There appears to be no dispute that Defendant has serious medical conditions. After review, the Court finds that it is appropriate for the United States to respond to Defendant's supplemental information, including what effect, if any, the United States believes that the supplemental information has or should have on Defendant's motion.

The representations of defense counsel are serious and indicate that a timely resolution of the motion for early termination is needed. However, the United States has not responded to the new representations, and the Court believes that a response by the United States is necessary. Defendant's counsel represents that Defendant appears to be hospitalized, either at the prison facility or an outside hospital. If Defendant is currently hospitalized, that would appear to be the best place for Defendant to be in terms of immediate medical care. To try and balance the interests involved, the Court will set a shortened deadline in which to respond.

Accordingly, IT IS HEREBY ORDERED that, AS SOON AS POSSIBLE, but in no event later than 1:00 p.m. on November 22, 2021, the United States shall file a response to the supplemental information submitted by Defendant (Doc. Nos. 353, 354, 355).

If the United States needs additional time to respond, and if a stipulation between the parties can be reached, the Court would be receptive to giving effect to a stipulation relating to the timing of a response. The Court would also consider any additional stipulations that can be reached by the parties.

IT IS SO ORDERED.


Summaries of

United States v. Howard

United States District Court, Eastern District of California
Nov 18, 2021
1:04-CR-5234 AWI-3 (E.D. Cal. Nov. 18, 2021)
Case details for

United States v. Howard

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff v. CLIFTON ELIAS HOWARD, Defendant

Court:United States District Court, Eastern District of California

Date published: Nov 18, 2021

Citations

1:04-CR-5234 AWI-3 (E.D. Cal. Nov. 18, 2021)