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Court Says Compassionate Release Properly Denied Gang Leader Who Conspired to Commit Murder
By a MetNews Staff Writer
The Ninth U.S. Circuit Court of Appeals yesterday affirmed an order denying compassionate release to a leader of the Dog Pound Gang which engaged in 2016 in the slaying of rival gang members.
A three-judge panel agreed with District Court Judge Lee H. Rosenthal of the Eastern District of California that James York—also known as Aka Jamari York and “York Dog”—should remain in prison. He was sentenced to 14 years for conspiracy to commit murder in aid of racketeering, use of a facility of interstate commerce to promote prostitution, and possession of an unregistered firearm.
Rosenthal abused his discretion, York argued, pointing out that he suffers from asthma, putting him at risk of contracting COVID-19. Combined with his rehabilitative efforts and the release plan he submitted, the inmate contended, the statutory requisites for compassionate release are met.
Disagreeing, the panel—comprised of Circuit Judge Jacqueline H. Nguyen and Senior Judges William C. Canby Jr. and A. Wallace Tashima—said in a memorandum opinion:
“The district court reasonably concluded that York’s asthma did not justify compassionate release, given York’s age, vaccination status, and the care he was receiving in prison. Moreover, the court reasonably concluded that, in light of York’s criminal history and history of violating conditions of supervision, as well as the danger he posed to the community, the…factors did not support relief.”
The case is United States v. York, 21-10196.
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