SAMARITAN PROJECTS NEWSLETTER

09.23.26

CR/RIS United States v. Milsten , 2026 U.S. Dist. LEXIS 211405 (Dist Mont. Sept 17, 2026)

What Happened: Jamie Nicole Milsten was convicted of conspiracy to commit robbery, robbery affecting commerce, and possession of a firearm in furtherance of a crime of violence, stemming from a 2017 home invasion in Helena, Montana where she and a co-defendant robbed a methamphetamine dealer at gunpoint. She received a total sentence of 125 months (41 months on the robbery counts running concurrently, plus 84 months consecutive on the firearm count). After serving the vast majority of her sentence and being transferred to a halfway house in Great Falls, Montana, she filed for compassionate release in July 2026. The court granted her motion on September 17, 2026, ordering her release on November 17, 2026 — roughly four months early — based on her family circumstances, specifically her father's incapacitation due to amputation and diabetes, her mother's strain as the sole caregiver, and her son's serious mental health struggles including PTSD that were worsened by her absence.

Why It Matters: This case is a solid example of how courts apply the 2023 amendments to USSG § 1B1.13, which expanded compassionate release eligibility to include a defendant being the only available caregiver for an incapacitated parent. The court carefully balanced the seriousness of the offense — which involved a firearm and a violent home invasion — against meaningful mitigating factors like Milsten's completion of the RDAP drug treatment program, her clean disciplinary record, her return of stolen property, and the fact that she was not the leader of the crime. The Government's decision not to oppose the motion also smoothed the path. For practitioners and defendants alike, this case reinforces that family circumstances, when well-documented and combined with a strong rehabilitation record, can clear the "extraordinary and compelling" bar even in cases involving violent offenses and mandatory consecutive firearm sentences under 18 U.S.C. § 924(c).

CR/RIS United States v. Howard , 2026 U.S. Dist. LEXIS 204310 (SDNY Sept. 10, 2026)

What Happened: Christopher Howard, known as "JuJu," grew up in the South Bronx surrounded by domestic violence, gang activity, and personal trauma — including being shot three times as a teenager. Seeking protection, he joined the MBG gang and at age twenty-two shot three members of a rival gang, striking all of them. He was convicted of racketeering conspiracy, violent crime in aid of racketeering, and a § 924(c) firearm charge, ultimately receiving a sentence of ten years and one day after a complex procedural history that included an acquittal, a government appeal, and resentencing. After serving nearly seven years — including time during the brutal COVID-19 lockdowns at the Metropolitan Detention Center — Howard moved for compassionate release. Judge Analisa Torres granted the motion on September 10, 2026, reducing his sentence to time served, based on three combined factors: his grandmother Gail Halliday's serious and deteriorating medical conditions leaving her without any other available caregiver, Howard's youth and traumatic upbringing at the time of the offense, and his truly exceptional record of rehabilitation including zero infractions, paralegal coursework with perfect scores, and glowing praise from his BOP unit manager.

Why It Matters: This case is a powerful illustration of how courts can combine multiple individually insufficient factors into a collectively extraordinary and compelling basis for release under the 2023 amended USSG § 1B1.13. No single element — the grandmother's incapacity, Howard's youth, or his rehabilitation — would have necessarily carried the motion alone, but together they did. The court also pushed back firmly on two arguments the Government commonly raises: first, that other relatives exist and therefore no caregiver shortage exists — the court made clear that the mere existence of relatives does not mean they are available; and second, that a below-Guidelines sentence already accounted for mitigating factors — the court noted that the mandatory minimum on the § 924(c) count had actually constrained its earlier discretion. For defense practitioners, Howard is a significant case because it validates the "constellation of factors" approach to compassionate release, shows that youthful offending and a difficult upbringing remain relevant even post-sentencing, and demonstrates that an extraordinary rehabilitation record — going well beyond mere rule-following — can be the factor that tips the scales even in cases involving serious gang violence.

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