United States v. Peoples, No. 21-2630 (7th Cir. 2022)
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Peoples led a gang that robbed four Indiana banks in 1997-1998, brandishing an assault rifle. At least once, he pointed the gun at tellers and threatened to kill them. Peoples stole getaway cars; twice he burned them. A jury convicted Peoples on multiple counts of armed bank robbery (18 U.S.C. 2113(d)), using a firearm during a felony (section 924(c)) and to commit a felony (844(h)), and maliciously destroying a vehicle by fire (844(i)). The four 924(c) convictions required the imposition of consecutive minimum sentences totaling 65 mandatory years. The two 844(h) convictions required a sentence of at least 30 consecutive years. Peoples was sentenced to almost 111 years.
In prison, Peoples has successfully completed many classes and received no disciplinary infractions. Peoples, at substantial risk to his own safety, took steps to save another person’s life in prison. Nine correctional officers supported his motion for compassionate release under 18 U.S.C. 3582(c)(1)(A)(i), which cited his rehabilitation and the reality that, under the First Step Act’s amendments to 924(c), he would face a much shorter sentence today for the same armed bank robberies.
The Seventh Circuit affirmed the denial of the motion. In a compassionate release motion, the prisoner must identify an ‘extraordinary and compelling’ reason warranting a sentence reduction, but that reason cannot include, alone or in combination with other factors, consideration of the First Step Act. Peoples otherwise failed to identify an extraordinary and compelling reason warranting early release.
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