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1 | Health is Justice: COVID-19 Decarceration Decision Spreadsheet (last updated 8/5/2020 at 4:30 PM) | DISCLAIMER -- READ BEFORE USING: This resource is intended solely for lawyers, advocates, researchers, journalists, and others who share the interest of challenging, remedying, or drawing attention to the grave risk that COVID-19 poses to individuals in detention. It is a work in progress and is not exhaustive. To sort or filter the data, please download or copy the spreadsheet. The purpose of Health Is Justice is only to collect, organize, summarize, and analyze the collective advocacy efforts from around the country in order to support advocates who are doing advocacy work. The purpose of Health is Justice is not to provide legal advice. Although we will endeavor to ensure quality control, neither Health is Justice, nor any of the partners or people uploading the materials, bear any warranty to those downloading the content and/or materials or otherwise using the content and/or materials, of the content posted being complete or accurate. Once content and/or materials are downloaded and/or otherwise used, Health Is Justice bears no responsibility for how they are used and the outcomes they produce beyond the project’s control. | |||||||||||||||||||||||||||||||||||
2 | Case Citation | Practice Area | Relief Requested | Type of Case | First Step Act Compassionate Release Case? | Case Status | Decision | State or Territory | Court Level: Federal | Court Level: State | Federal Court Name | State Court Name | Date | Outcome | Release Granted (If Sought)? | Compassionate Release Grant: Specific Characteristics | Compassionate Release: Exhaustion Holdings | Conditions of Release | Improved Conditions Ordered | Individual Characteristics | Pre-Existing Health Conditions | Pre-Existing Health Conditions Notes | Medically Vulnerable Class Definition | COVID-19 Positive or Symptomatic Individual? | Pending Criminal Charges | Criminal Convictions | Type of Incarceration | Name of Facility | COVID-19 Cases in Facility? | Federal Constitutional Provisions | Federal Statutes | Federal Regulations | State Constitutional Provisions | State Statutes | State Regulations | Case Summary | |
3 | Wilson v. Williams, No. 20-3447 (6th Cir. Jun. 9, 2020) | Criminal (Federal Custody) | Release, Transfer, Preliminary Injunction (PI) | Class Action | Yes | Decision Made | https://drive.google.com/open?id=173UtYe6We4Zz4K4SQXasKEr682UslJKy | Ohio | Federal Appellate Court | 6th Cir. | 6/9/2020 | Motion Denied | No | Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Individuals age sixty-five and older and those with medical conditions posing additional risk of severe harm from COVID-19 | Not discussed | Federal Prison | Elkton Federal Correctional Institution | Yes | Eighth Amendment - Deliberate Indifference | § 2241 Habeas | Medically vulnerable individuals in federal criminal custody at Elkton filed a putative class action seeking release, transfer, and other relief due to the COVID-19 pandemic. The district court had found the individuals were likely to succeed on the merits of their Eighth Amendment deliberate indifference claims and entered a preliminary injunction ordering evaluation of the class members for transfer or release. The BOP appealed on jurisdictional grounds and on the merits; the Sixth Circuit held that although section 2241 habeas was the proper vehicle for seeking release, the individuals had failed to show a likelihood of an Eighth Amendment violation given the mitigating measures undertaken by the prison. Accordingly, the Sixth Circuit vacated the preliminary injunction. | |||||||||||||||
4 | Wilson v. Williams, No. 20-3447 (6th Cir. May 4, 2020) | Criminal (Federal Custody) | Release, Transfer, Preliminary Injunction (PI) | Class Action | Yes | Decision Made | https://drive.google.com/open?id=1OOZotlAA---grurKi61nU6gWJsO9n2Nz | Ohio | Federal Appellate Court | 6th Cir. | 5/4/2020 | Motion Denied | Elderly, Pre-Existing Health Conditions | Age | A subclass of inmates who—through age and/or certain medical conditions—were particularly vulnerable to complications, including death, if they contracted COVID-19 | Not discussed | Federal Prison | FCI Elkton and its low-security satellite prison FSL Elkton | Yes | Eighth Amendment - Deliberate Indifference | § 2241 Habeas, Prison Litigation Reform Act (PLRA) Exhaustion | Medically vulnerable individuals in federal criminal custody at Elkton filed a putative class action seeking release, transfer, and other relief due to the COVID-19 pandemic. The district court had found the individuals were likely to succeed on the merits of their Eighth Amendment deliberate indifference claims and entered a preliminary injunction ordering respondents to identify vulnerable class members and evaluate them for transfer or release. Here, the respondents appealed and sought a stay pending appeal, which the Sixth Circuit denied. However, the Sixth Circuit subsequently vacated the preliminary injunction on the merits, finding that the prison's mitigating efforts rendered the individuals unlikely to succeed on the merits of their Eighth Amendment claims. | |||||||||||||||
5 | Fed. Defs. of N.Y. v. Fed. Bureau of Prisons, 954 F.3d 118 (2d Cir. 2020) | Criminal (Federal Custody) | Legal Visitation | Group | No | Decision Made | https://drive.google.com/open?id=1nd-ZiI2HAP4Rfas-67afXgB88pXr4_9a | New York | Federal Appellate Court | 2d Cir. | 3/20/2020 | Vacated and Remanded | Not discussed | Federal Detention Center [typically federal pretrial detention] | Metropolitan Detention Center | Not Discussed | Sixth Amendment - Access to Counsel | Administrative Procedure Act (APA) | The court vacated and remanded a district court decision dismissing the Federal Defenders of New York's claim that a prison warden’s curtailment of attorneys’ access to clients was a violation of the APA and the Sixth Amendment. The court found that the Federal Defenders did not lack standing, as the practices were ongoing at the time the suit was filed and was not moot because the defendants failed to show with absolute clarity that the allegedly wrongful behavior could not be reasonably expected to recur. Regarding the APA claim, the court found that despite the emergency exceptions in light of COVID-19, the plaintiffs demonstrated that the curtailment could arguably fall within the “zone of interests to be protected or regulated” by the Code of Federal Regulations, which provides parameters for the Warden to schedule attorney-client meetings. Regarding the Sixth Amendment claim, the court found that the district court had misconstrued the claim and found that it could be litigated for invoking “a cause of action in equity” rather than one that arose directly under the Sixth Amendment. | ||||||||||||||||||
6 | United States v. Chavol, No. 20-50075 (9th Cir. Apr. 2, 2020) | Criminal (Federal Custody) | Release, Remand to District Court (for release) | Individual | Yes | Decision Made | https://drive.google.com/open?id=1BFPidGYyk9u5E9Y34QXIXV-hLRj-VrQc | California | Federal Appellate Court | 9th Cir. | 4/2/2020 | Motion Granted | Elderly, Pre-Existing Health Conditions | Age, Diabetes, Hypertension (high blood pressure) | Age (64) | Not discussed | 21 U.S.C. §§ 846, 841(a)(1), 841(b)(1)(C) - Possession with Intent to Distribute and Distribution of Opium, and Conspiracy | Federal Detention Center [typically federal pretrial detention] | Metropolitan Detention Center (Los Angeles) | Not Discussed | Fed. R. App. P. 12.1 | The Ninth Circuit granted a limited remand to the district court to allow the district court to entertain the parties’ stipulation to release appellant pending sentencing. | |||||||||||||||
7 | United States v. Creek, No. 20-4251, Dkt. No. 18 (4th Cir. Apr. 15, 2020) | Criminal (Federal Custody) | Release, Remand to District Court (for release) | Individual | No | Decision Made | https://drive.google.com/open?id=1qKL3HNJhyEAatP0klukwvhnPHUkEq6Xp | District of Columbia | Federal Appellate Court | 4th Cir. | 4/15/2020 | Remanded to District | Pretrial Detention [jail] | Medical conditions not specified | Not discussed | Not specified | Not specified | Not Discussed | Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142 | On appeal, the circuit remanded to the district court for consideration of pretrial temporary release remanded for individual with unspecified medical conditions. The individual was ordered released by the district court (Dkt. 22) and the appeal was subsequently dismissed as moot (Dkt. 24). | |||||||||||||||||
8 | United States v. Dade, No. 19-35172 (9th Cir. May 22, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made | https://drive.google.com/file/d/1A-FSt4ZriegLLh7iqwz-a5pOft6iY2DZ/view?usp=sharing | California | Federal Appellate Court | 9th Cir. | 5/22/2020 | Motion Denied | No | Post-Conviction Detention [jail or prison], Pending Appeal | Age, respiratory issues (not elaborated) | Specific age not mentioned. | Not discussed | Burglary, battery, and assault. | Federal Prison | FCI Lompoc | Yes | Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143, § 2255 Habeas, Fed. R. App. P. 23(b) | The court denied a motion for bail pending appeal under Rule 23(b). Court held that standard for bail pending appeal of a collateral challenge under § 2255 is at least as high as the Bail Reform Act standard for bail pending appeal. Even under the BRA, individual of advanced age and history respiratory issues still did not meet standard of showing he was not a risk to the community, or not likely to flee under § 3143. | ||||||||||||||
9 | United States v. Hector, No. 20-4183, 2020 U.S. App Lexis 9702 (4th Cir. Mar. 27, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made | https://drive.google.com/open?id=1vDZhG4draS6ruUPuAIapHKHDVn8XE_LY | Virginia | Federal Appellate Court | 4th Cir. | 3/27/2020 | Motions Partially Granted | No | Pre-Existing Health Conditions | Not discussed | Distribution of controlled substance (methamphetamine) | Federal Prison | Not Discussed | Ms. Hector filed an appeal in the Fourth Circuit from the district court's denial of release pending appeal of her motion for a new trial. The court remanded the denial of release pending appeal to the District Court (for the Western District of Virginia) "for the limited purpose of having the district court consider in the first instance the severity of the risk that the COVID-19 virus poses to appellant given her existing medical conditions." The court did not specify what, if any, medical conditions she had. | ||||||||||||||||||
10 | United States v. Pawlowski, No. 20-2033 (3d Cir. June. 26, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1bqWAOc05y_ufWG-0jeZKyCldYLKfgvrJ | Pennsylvania | Federal Appellate Court | 3d Cir. | 6/26/2020 | Motion Denied | No | Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Cardiac Disease, Hypertension (high blood pressure), Lung Disease, One Lung, Chronic Obstructive Pulmonary Disease (COPD), Dyspnea (shortness of breath), Sleep Apnea | No | Federal program bribery, Travel Act bribery, attempted Hobbs Act extortion, wire and mail fraud, honest services fraud, making false statements to the FBI, and conspiracy | Federal Prison | FCI Danbury | Yes | First Step Act, 18 U.S.C. § 3582(c)(1)(A) | The court denied Pawlowski's appeal, finding the district court made no clear error in its judgment. While the court acknowledged his serious health risks, it ruled that these were outweighed by “the need to reflect the seriousness of the offense, promote respect for the law, provide just punishment, and afford adequate deterrence." The court also noted that Pawlowski had served 19 months of his 180 month sentence. | |||||||||||||||
11 | United States v. Roeder, No. 20-1682, 2020 WL 1545872 (3d Cir. Apr. 1, 2020) | Criminal (Federal Custody) | Delayed Surrender | Individual | No | Decision Made | https://drive.google.com/open?id=1dpvVSZxvw5A-dECl7jkBlTrZ33AUAFNm | Pennsylvania | Federal Appellate Court | 3d Cir. | 4/1/2020 | Motion Granted | Post-Conviction Detention [jail or prison] | Not discussed | Possession and distribution of child pornography | Federal Prison | Not specified - located in Allentown | Not Discussed | Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143 | Decision reversing district court denial of request to postpone self-surrender date. The individual's request had been uncontested by the government and was originally denied without explanation by the district court. The Third Circuit noted that the defendant was not a flight risk and posed no danger to the community and because of the nature of the pandemic granted release rather than remanding to district court. | |||||||||||||||||
12 | Baez v. Moniz, No. 1:20-cv-10753-LTS (D. Mass. May 18, 2020) | Criminal (Federal Custody) | Release, Temporary Restraining Order (TRO), Preliminary Injunction (PI) | Class Action | No | Decision Made But Case Still Pending | https://drive.google.com/open?id=1XqlVnkBhXf6DhbtEeZjR0y3HEs3MXeJ1 | Massachusetts | Federal District Court | D. Mass | 5/18/2020 | Motion Denied | No | Moniz, the superintendent of the detention PCCF and respondent, was ordered to file a status report "explaining whether and how PCCF is expanding its testing in line with the institution-wide testing occurring in DOC facilities, and if not, why not." Id. at 21. The court also said it explicitly does not endorse the detention center's "failure to provide clear, detailed, institution-wide education about the risks of COVID-19 generally, the proper use of face masks, and the importance of social distancing." Id. at 20. | Pretrial Detention [jail]; Post-Conviction Detention [jail or prison] | Yes | State Prison | Plymouth County Correctional Facility (“PCCF”) | Yes | Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments) | § 2241 Habeas, § 2241 Habeas Exhaustion, Prison Litigation Reform Act (PLRA) Exhaustion | The federal detainees in this habeas action moved for a preliminary injunction, and the state sheriff moved to dismiss. The court refused to dismiss the case, holding (1) habeas relief is available to a petitioner challenging the fact or duration of his confinement and seeking release, given the “extraordinary circumstances presented by the COVID-19 pandemic” (2) PLRA exhaustion and PLRA “prison release order” requirements did not to apply a proceeding sounding in habeas; (3) even if PLRA exhaution did apply, “requiring each of the more than 160 federal detainees at PCCF to file a separate grievance for each condition at issue here…would be so impractical as to render it futile” and (4) Moniz was the appropriate respondent, as the immediate custodian. The court also denied emergency injunctive relief, finding that the measures taken by PCCF (including 14 day quarantines for new detainers, efforts to social distance for meals and sleeping arrangements, etc.) were sufficient enough that the petitioners would be unlikely to show deliberate indifference. However, the court required continued monitoring and mitigating measures and chastised PCCF’s failure to provide “clear, detailed, institution-wide education about the risks of COVID-19 generally, the proper use of face masks, and the importance of social distancing.” “The Court notes that in reaching this conclusion, the Court has not found—and does not believe—that a petitioner must be on the precipice of serious illness or death in order to establish standing, substantial risk of serious harm to health, a likelihood of irreparable harm, or a likelihood of success on the merits.” | |||||||||||||||
13 | Chunn v. Edge, No. 1:20-cv-01590 (RPK) (RLM), 2020 WL 3055669 (E.D.N.Y. June 9, 2020) | Criminal (Federal Custody) | Release, Improved Conditions, Preliminary Injunction (PI), Class Certification | Class Action | No | Decision Made But Case Still Pending | https://drive.google.com/open?id=1IL4uYLEaSsb8ut1craPCu3tFzKmD41H1 | New York | Federal District Court | E.D.N.Y. | 6/9/2020 | Motion Denied | No | Post-Conviction Detention [jail or prison] | Not discussed | Federal Detention Center [typically federal pretrial detention] | Metropolitan Detention Center Brooklyn | Yes | Eighth Amendment - Deliberate Indifference | The court denied a motion for preliminary injunction based on alleged Eighth Amendment violations. The petitioners asked for the immediate release of medically vulnerable inmates and alteration of the facility's COVID-19 response methods. The court did not find an objectively substantial risk of serious harm or subjective deliberate indifference on the part of facility officials to incarcerated persons' health and safety, as would be required to find an Eighth Amendment violation. The court found the facility's COVID-19 response to be adequate, which weighed against finding an Eighth Amendment violation, and did not reach the question of class certification. The court also found that a preliminary injunction was not warranted because the petitioners had not demonstrated a clear likelihood of success on their Eighth Amendment claim. | |||||||||||||||||
14 | Martinez-Brooks v. Easter, No. 20-cv-569 (MPS) (D. Conn. May 12, 2020) | Criminal (Federal Custody) | Temporary Restraining Order (TRO), Implementing Release Procedures | Class Action | No | Decision Made But Case Still Pending | https://drive.google.com/open?id=1VIqGwExe2wvLCkZSYr4PNYUvDE2lUg-9 | Connecticut | Federal District Court | D. Conn. | 5/12/2020 | Motions Partially Granted | No | An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request. | Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Asthma, Cancer, Hepatitis, Hypertension (high blood pressure), Medication-Related Immunocompromise, Obesity | 1) Petitioner 1 (Martinez - Brooks) : Medication - Related Immunocompromise as a result of the prolonged use of corticosteroids for her inflammatory autoimmune disease (systematic lupus erythematosus). Also suffers from asthma and hypertension. 2) Petitioner 2, (Kenneth Cassidy): Three heart attacks, pneumonia in his right lung more than 20 times, asthma, coronary artery disease, and hypertension, and is morbidly obese. 3) Petitioner 3 (Rejeanne Collier): lupus, hypertension, and hepatitis C and has been treated for cancer while in custody. 4) Petitioner 4 (Jackie Madore): suffers from hypertension, hypothyroidism, and hepatitis C. | Medically vulnerable inmates at high risk of serious illness or death from COVID-19. The court notes that “Serious illness and death is most common among people with underlying chronic health conditions, like heart disease, lung disease, liver disease, and diabetes, and older age.” | Yes | 1) Martinez-Brooks: wire fraud; 2) Kenneth Cassidy: conspiracy to commit wire fraud and willful failure to file an income tax return; 3) Rejeanne Collier: conspiracy to possess with intent to distribute and to distribute one kilogram or more of heroin; 4) Jackie Madore: not mentioned. | Federal Prison | FCI Danbury | Yes | Eighth Amendment - Deliberate Indifference | CARES Act, Pub. L. No. 116-136, First Step Act, 18 U.S.C. § 3582(c)(1)(A), § 2241 Habeas, § 2241 Habeas Exhaustion, Prison Litigation Reform Act (PLRA) Exhaustion | Class action brought on behalf of all persons incarcerated at FCI Danbury, including a subclass of those who are medically vulnerable to COVID-19. The court granted in part the motion for a TRO and issued an order that requires the Warden at FCI Danbury to adopt an accelerated process for evaluating individuals with COVID-19 risk factors for home confinement and other forms of release. The petitioners argued that the warden had not acted quickly enough to process claims for home confinement and compassionate release, therefore placing incarcerated individuals at risk given that it was not feasible to implement proper social distancing measures at the prison facility. The court granted preliminary relief on the basis that under Eighth Amendment Deliberate Indifference, confinement at the prison presented a large risk of infection and that the warden had not acted quickly enough to place incarcerated in home confinement or grant compassionate release, noting that "only 159 inmates have been reviewed since March 26, and a mere 21 inmates have actually been placed on home confinement, out of a population of roughly 1,000." The court also set a date for hearing on motion for preliminary injunction and ordered expedited discovery for the PI. § 2241 exhaustion was waived due to exception for undue prejudice caused by the delay. The PLRA did not apply to a § 2241 challenge to the fact of confinement, and since the class argued that nothing short of release would sufficiently protect them from COVID-19, that exception applied. The court did not reach the question of whether the denial of a compassionate release application would constitute res judicata barring the Eighth Amendment claims. | |||||||||||
15 | Martinez-Brooks v. Easter, No. 3:20-CV-00569 (MPS), 2020 WL 2813072 (D. Conn. May 29, 2020) | Criminal (Federal Custody) | Release, Temporary Restraining Order (TRO) | Class Action | No | Decision Made But Case Still Pending | https://drive.google.com/open?id=1BKKAl1w6mCJPeaR9NfMABFRMoY-hHBIH | Connecticut | Federal District Court | D. Conn. | 5/29/2020 | Motions Partially Granted | Yes | Placement in home confinement dependent on: not being convicted on the basis of a violent or sexual offense; not having a "High" PATTERN score (which determines the risk of recidivism); assignment by the warden to RRC (Residential Reentry Center) on the basis of preexisting health issues | Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Asthma, Cardiac Disease, Hepatitis, Hypertension (high blood pressure), Lung Disease, Medication-Related Immunocompromise, Lupus; Hypothyroidism | Age (64); Hepatitis C; Medication-Related Immunocompromise (corticosteroids) | Medically vulnerable inmates at high risk of serious illness or death from COVID-19. | Not discussed | Conspiracy to possess with intent to distribute one kilogram or more of heroin; Conspiracy to distribute one kilogram or more of heroin; Wire fraud; Conspiracy to commit wire fraud; Willful failure to file an income tax return | Federal Prison | FCI Danbury | Yes | Eighth Amendment - Deliberate Indifference | CARES Act, Pub. L. No. 116-136, First Step Act, 18 U.S.C. § 3582(c)(1)(A), § 2241 Habeas, § 2241 Habeas Exhaustion | The court granted the petitioners' motion in part, requiring the Warden to move class members designated for Residential Reentry Centers (RRCs) to instead be placed in home confinement so long as they were not convicted of a violent or sex-related offense and they did not have a "High" PATTERN score indicating a risk of recidivism. The motion was part of a class action related to the conditions endured by those incarcerated at FCI Danbury, a low security prison, as the petitioners claimed that the Warden had not made effective use of the power to grant home confinement and therefore was putting high-risk individuals at risk of contracting Covid-19. The motion came about due to the Warden utilizing RRCs rather than home confinement for a specific subset of incarcerated individuals, claiming that home confinement did provide enough supervision to this subset of class members relative to a halfway house. The court rejected this argument, noting that "inmates on home confinement are not without supervision" and are often subject to electronic monitoring; the judge also noted that "the extent to which RRCs actually present a safer environment for medically vulnerable inmates [relative to the prison] is unclear." | |||||||||||
16 | Price v. Quintana, No. CV 5:20-246-JMH, 2020 WL 3405206 (E.D. Ky. June 19, 2020) | Criminal (Federal Custody) | Release, Preliminary Injunction (PI), Class Certification | Class Action | No | Decision Made | https://drive.google.com/open?id=1DfdcSyuq2OncgToBYj2Wt0oB4v31KPzp | Kentucky | Federal District Court | E.D. Ky. | 6/19/2020 | Motion Denied | No | Post-Conviction Detention [jail or prison] | Not discussed | Federal Prison | FMC-Lexington | Yes | Eighth Amendment - Deliberate Indifference | First Step Act, 18 U.S.C. § 3582(c)(1)(A), § 2241 Habeas | The court denied without prejudice Petitioners' filing seeking placement in home confinement. The court stated that the petitioners' claims were not properly brought under Bivens. Insofar as the filing was intended as a habeas petition, the court dismissed it on the ground that it should have been brought in the sentencing court under 18 U.S.C. § 3582; it failed to define the scope of the class or the legal claims; and the petitioners, as pro se litigants, were not qualified to represent a class. | ||||||||||||||||
17 | Wilson v. Williams, No. 4:20-CV-00794 (N.D. Ohio Apr. 22, 2020) | Criminal (Federal Custody) | Release, Transfer, Preliminary Injunction (PI) | Class Action | Yes | Reversed | https://drive.google.com/open?id=1CbCK-XKwsfNfGELwZhvW0RvuvINFIYlV | Ohio | Federal District Court | N.D. Ohio | 4/22/2020 | Motions Partially Granted | Yes | Through any means, including but not limited to compassionate release, parole or community supervision, transfer furlough, or non-transfer furlough | Any subclass members transferred out of Elkton may not be returned to the facility until the threat of the virus is abated or until a vaccine is available and Elkton obtains sufficient vaccine supplies to vaccinate its population, whichever occurs first. | Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Age, Asthma, Cancer, Cardiac Disease, Diabetes, HIV, Kidney Disease, Liver Disease, Lung Disease, Medication-Related Immunocompromise, Obesity | [A]ll current and future persons incarcerated at Elkton over the age of 50, as well as all current and future persons incarcerated at Elkton of any age who experience: chronic lung disease or moderate to severe asthma; serious heart conditions; conditions that can cause a person to be immunocompromised, including cancer treatment, smoking, bone marrow or organ transplantation, immune deficiencies, poorly controlled HIV or AIDS or prolonged use of corticosteroids and other immune weakening medications; severe obesity (defined as a body mass index of 40 or higher); diabetes; chronic kidney disease or undergoing dialysis; or liver disease. | Yes | Federal Prison | Elkton Federal Correctional Institution | Yes | Eighth Amendment - Deliberate Indifference | § 2241 Habeas, Prison Litigation Reform Act (PLRA) Exhaustion, Section 1983 | Medically vulnerable individuals in federal criminal custody at Elkton filed a putative class action seeking release, transfer, and other relief due to the COVID-19 pandemic. The district court found the individuals were likely to succeed on the merits of their Eighth Amendment deliberate indifference claims and entered a preliminary injunction ordering respondents to identify vulnerable class members and evaluate them for transfer or release. However, on appeal, the Sixth Circuit vacated the preliminary injunction on the grounds that the prison's mitigating efforts rendered the individuals unlikely to succeed on the merits of their Eighth Amendment claims. | ||||||||||||
18 | Wilson v. Williams, No. 4:20-cv-00794-JG (N.D. Ohio May 5, 2020) | Criminal (Federal Custody) | Implementing Release Procedures | Class Action | Yes | Decision Made But Case Still Pending | https://drive.google.com/open?id=1ik6TZR_t3fWgYzRHAEK6kzGMUJT37pLD | Ohio | Federal District Court | N.D. Ohio | 5/19/2020 | Motion Granted | The court ordered the BOP to adjudicate compassionate release petitions within 7 days (with either written approval or written denial) | As the facility at issue, Elkton Federal Correctional Institution, housed 2,357 inmates, the court directed the facility to pursue home confinement, compassionate release, and transfers as a means of alleviating the spread of COVID-19. This was complimentary to the preliminary injunction previously granted, certifying a subclass and ordering transfers for those medically vulnerable. | Elderly, Pre-Existing Health Conditions | Age, Obesity | Age (65 or older); Obesity (BMI of 40 or higher) - these specifications were not included in this order, but can be found in the previous order granting the preliminary injunction and creating the subclass: see Wilson v. Williams, No. 20-cv-794-JSG, Dkt. No. 22 (N.D. Ohio Apr. 22, 2020) | The subclass is specifically outlined in the previous order granting the preliminary injunction: see Wilson v. Williams, No. 20-cv-794 (JSG), Dkt. No. 22 (N.D. Ohio Apr. 22, 2020). The subclass includes all Elkton inmates 65 years or older and those with documented, preexisting medical conditions, including heart, lung, kidney, and liver conditions, diabetes, conditions causing a person to be immunocompromised (including, but not limited to cancer treatment, transplants, HIV or AIDS, or the use of immune weakening medications), and severe obesity (body mass index of 40 or higher). | Yes | Federal Detention Center [typically federal pretrial detention] | FCI Elkton | Yes | § 2241 Habeas Exhaustion, CARES Act, Pub. L. No. 116-136, First Step Act, 18 U.S.C. § 3582(c)(1)(A), 18 U.S.C. § 3624(c)(2), 34 U.S.C. § 60541 | The court granted the petitioners' motion to enforce a prior preliminary injunction, which had required respondents to identify a subclass of inmates medically vulnerable to COVID-19 and evaluate their petitions for transfer and release. Despite identifying 837 people as being 65 years or older or medically vulnerable, only 5 had been granted home confinement, 6 identified as maybe qualifying, and none granted furlough or compassionate release. The court concluded these results did not comply with its order, and ordered reduced restrictions and enhanced deliberations for each of home confinement, compassionate release, and transfer to alleviate the spread of COVID-19. However, the injunction was subsequently vacated by the Sixth Circuit. | |||||||||||||
19 | Wragg v. Ortiz, No. 20-cv-5496 (RMB), 2020 U.S. Dist. LEXIS 92033 (D.N.J. May 27, 2020) | Criminal (Federal Custody) | Release, Preliminary Injunction (PI), Class Certification | Class Action | No | Decision Made | https://drive.google.com/open?id=1om3U52AEFQgJNbu4gj8fnh4nVl65l_5u | New Jersey | Federal District Court | D.N.J. | 5/27/2020 | Motion Denied | No | Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Age, Asthma, Cancer, Cardiac Disease, High Cholesterol, Hypertension (high blood pressure), Kidney Disease, One or more disabilities recognized by the Rehabilitation Act | Age: 49 and 68, Asthma: severe, Cancer: Skin and thyroid | Class: "all current and future FCI Fort Dix inmates over the age of 50 or who experience medical conditions that make them vulnerable to COVID-19", Subclass: "all current and future people in post-conviction custody at Fort Dix who have qualifying disabilities within the meaning of the Rehabilitation Act of 1973" | No | Fraud offenses, securities fraud, drug trafficking | Federal Prison | FCI Fort Dix | Yes | Eighth Amendment - Deliberate Indifference | § 2241 Habeas, Rehabilitation Act | The court granted the motion to dismiss the § 2241 petitions for lack of jurisdiction and for failure to state a claim. The court rejected the petitioners' assertion that they were challenging the “execution” of their sentences but found instead that they raised a conditions of confinement claim not cognizable under § 2241. The court also rejected the petitioners' argument that BOP had been deliberately indifferent to their serious medical needs. Petitioners' claim under the Rehabilitation Act was also dismissed when the court found respondents had not acted in disregard of petitioners’ rights because they were disabled. Throughout the decision, the court credited BOP’s “extraordinary efforts” to mitigate the risk of COVID-19 and asserted that the lack of social distancing alone was not enough for any of these claims to succeed. | ||||||||||||
20 | Banks v. Booth, No. CV 20-849(CKK), 2020 WL 1914896 (D.D.C. Apr. 19, 2020) | Criminal (Federal Custody) | Temporary Restraining Order (TRO) | Group | No | Decision Made | https://drive.google.com/open?id=1S8D87lk1QYtoO04p2SRvUdCYhddwl0cq | District of Columbia | Federal District Court | D.D.C. | 4/19/2020 | Motions Partially Granted | No | The court ordered sweeping improvement in conditions, including that the defendant facility consult with public health professionals for educating staff and incarcerated individuals, monitor and track cell restrictions, expedite the triage process for sick call requests on non-quarantine units, promptly respond to symptomatic individuals, conduct staff training on non-touch infrared thermometers, provide consistent and reliable access to confidential legal phone calls, implement social distancing policies, and provide adequate PPE. | Pretrial Detention [jail], Post-Conviction Detention [jail or prison] | Not discussed | Two of the involved petitioners are pre-trial detainees and one is a post-conviction detainee. Mr. Banks's convictions are not discussed in the opinion. | Federal Detention Center [typically federal pretrial detention] | Central Detention Facility; Correctional Treatment Facility | Yes | Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments) | Petitioners are a putative class of pre-trial and post-conviction detainees. The district court held that pre-trial detainees do not need to show deliberate indifference in order to state a due process claim for inadequate conditions of confinement, while post-conviction detainee must show that the jail conditions exposed him to an unreasonable risk of serious damage to his health and that defendants acted with deliberate indifference in posing such a risk. Finding that the defendants were aware of the risks of COVID-19 and disregarded those risks by failing to take proper steps to stem the spread, the petitioners have established a likelihood of success in showing deliberate indifference. The court granted a TRO including numerous improved conditions such as implementation of social distancing, providing adequate PPE, ensuring access to confidential phone calls with legal counsel, timely responses to sick calls, access to clean clothing and linens, staff training on use of infrared thermometers, etc. | |||||||||||||||
21 | United States v. King, No. CR DKC-16-0484, 2020 WL 1505900 (D. Md. Mar. 30, 2020) | Criminal (Federal Custody) | Release | Group | Yes | Decision Made | https://drive.google.com/open?id=1Pg-yunWrk6-iNAbAP8nSL_Zai0ytGkQQ | Maryland | Federal District Court | D. Md. | 3/30/2020 | Motion Denied | No | Post-Conviction Detention [jail or prison] | Not discussed | Halfway House | Volunteers of America | Not Discussed | First Step Act, 18 U.S.C. § 3582(c)(1)(A), First Step Act Exhaustion, 18 U.S.C. § 3624(c)(2), 28 U.S.C. § 1651 | The court combined and vacated three previous orders in which it directed that Erica Cook, Demario King, and Douglina Battle be immediately released under the First Step Act and transferred to home confinement to serve the remainder of their respective sentences. Counsel for the individuals argued for immediate release pursuant to 18 U.S.C. § 3582(c) and 28 U.S.C. §§ 2241 and 2255. The court disagreed, reasoning that the individuals had not exhausted their administrative remedies under any of the statutes, and the court therefore lacked jurisdiction to order immediate transfer to home confinement. | |||||||||||||||||
22 | United States v. Prieto, 3:19-CR-142, 2020 WL 3105414 (W.D. Ky. Jun. 11, 2020) | Criminal (Federal Custody) | Release | Group | No | Decision Made | https://drive.google.com/open?id=1854SaZ7kG4nV-oOv1CgA6IOSm1Tb24Ul | Kentucky | Federal District Court | W.D. Ky. | 6/11/2020 | Motion Denied | No | Pretrial Detention [jail], Pre-Existing Health Conditions | Asthma, Acute Bronchitis (son) | Asthma (severity undisclosed) | No | Conspiracy with intent to distribute 50 grams or more of methamphetamine | Local / County Jail | Grayson County Detention Center | Yes | Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142 | The court denied a father’s and son’s separate motions for temporary pretrial release. The court determined that while the father had an underlying condition of asthma and the son suffered from acute bronchitis as well as a 10% service connection disability, these were outweighed by the findings of dangerousness and the sufficiency of the facility’s sanitary conditions. The individuals were found to be dangerous due to the allegations that they were high-ranking members of a multistate drug trafficking organization, had previously threatened violence to others (including government informants and potential witnesses), and had allegedly been involved in multiple homicides. The court further found that there was no compelling reason for release due to the facility’s precautionary policies, including monitoring of COVID symptoms, screening by medical personnel, suspension of non-essential visits, suspension of visitation, video conferencing for attorney/client meetings, clean teams that frequently disinfected high traffic areas, hand sanitizer stations, and isolation of symptomatic individuals. | ||||||||||||||
23 | Zambrano v. Wolf, No. 1:20-cv-00595-DAD, 2020 U.S. Dist. LEXIS 91665 (E.D. Cal. May 26, 2020) | Criminal (Federal Custody) | Release | Group | No | Decision Made | https://drive.google.com/open?id=1g7DUfBvri7sucTNz5Is38D34ZhHb8aD9 | California | Federal District Court | E.D. Cal. | 5/26/2020 | Motion Denied | No | Post-Conviction Detention [jail or prison] | Not discussed | Unknown | Federal Prison | FCI North Lake | Not Discussed | § 2241 Habeas | The court dismissed a § 2241 habeas petition for lack of jurisdiction because the petitioners were no longer incarcerated in the Eastern District of California. The petitioners asked the court "to take jurisdiction" as they were incarcerated in that court's jurisdiction when they filed. The court dismissed the petition without prejudice to be filed in the correct court. | ||||||||||||||||
24 | Alcocer-Roa v. United States, No. 20-cv-20298-PAS, Dkt. No. 79 (S.D. Fla. June 11, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made But Case Still Pending | https://drive.google.com/open?id=187qVARiyLkx-5A9LM6jTn6TzTeICQwsV | Florida | Federal District Court | S.D. Fla. | 6/11/2020 | Motion Denied | No | Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Asthma | Asthma, severity not mentioned in order | No | 5 Counts of Wire Fraud (Convicted 2016) | Federal Prison | FCI Coleman Low | Not Discussed | § 2255 Habeas | inherent power of court | The court affirmed a magistrate's ruling to deny the petitioner bond during the pendency of his Motion to Vacate pursuant to 28 U.S. § 2255. The court did not address the petitioner's contentions that he is likely to succeed on the (not Covid-19-related) constitutional claims raised, or that he has been "a model prisoner." The court instead ruled that the petitioner's higher risk of Covid-19 did not constitute "extraordinary and exceptional circumstances" warranting bond, "since the Movant is under 40" and "has not established that his asthma condition alone makes him susceptible to an unreasonable risk of contracting the virus." The court further noted that the remedy for unconstitutional prison conditions is "a discontinuance of the improper practice" not a release from custody under habeas corpus law. | |||||||||||||
25 | Bido v. United States, No. 19-cv-8388, 2020 U.S. Dist. LEXIS 93695 (S.D.N.Y. May 28, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made But Case Still Pending | https://drive.google.com/open?id=1y3YB3N5jj0jnvP6p23QbHn5cRROI30Dc | New York | Federal District Court | S.D.N.Y. | 5/28/2020 | Motion Denied | No | Post-Conviction Detention [jail or prison] | Not discussed | 18 U.S.C. § 924(c) | Unknown | Not Discussed | § 2255 Bail Pending Habeas | Bido filed a motion for bail pending the resolution of his § 2255 petition pro se. The court denied the motion because it found Bido had not raised substantial claims that were likely to succeed and because he had failed to show extraordinary circumstances that made the grant of bail necessary to make the habeas remedy effective. The court recognized the severity of the risks of COVID-19 but noted Bido did not explain why he was particularly at risk. | |||||||||||||||||
26 | Bolanos v. Jenkins, No. 3:20-cv-03825, 2020 WL 3251151 (N.D. Cal. Jun. 16, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1JnuRBhaG0wQ9vAA8s_72kcbtk97ZsZ0Q | California | Federal District Court | N.D. Cal. | 6/23/2020 | Motion Denied | No | Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Hypertension (high blood pressure), Heart-Valve Defect | Not discussed | Conspiracy to defraud; presenting false claim to the government | Federal Prison | FCI Dublin | Not Discussed | Equal Protection Clause | First Step Act, 18 U.S.C. § 3582(c)(1)(A), § 2241 Habeas | The court dismissed without prejudice an action for § 2241 habeas corpus and 18 U.S.C. § 3582 compassionate release of a 63-year old female suffering from a heart-valve defect and high blood pressure. Regarding compassionate release under 18 U.S.C. § 3582, the court found that it lacked jurisdiction and that the claim should be raised in her criminal case in the Eastern District of California. Regarding the Equal Protection claim and the claim regarding U.S. Attorney Barr’s spring 2020 memoranda, the court found that these claims were properly the subject of a civil rights complaint rather than a habeas petition. | ||||||||||||||
27 | Buford v. Warden, No. 5:20-cv-00171 (M.D. Fla. June 8, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made | https://drive.google.com/open?id=1Bpm5_UPAWm2LEVQA4qd_vs_SdVdXHUVq | Florida | Federal District Court | M.D. Fla. | 6/8/2020 | Motion Denied | No | Post-Conviction Detention [jail or prison] | Federal Prison | FCC Coleman | Not Discussed | Eighth Amendment - Deliberate Indifference | § 2241 Habeas, § 2255 Habeas, 28 U.S.C. § 2241, § 2255 Habeas | Buford petitioned for release pro se, claiming his continued detention during the COVID-19 pandemic violated the Cruel and Unusual Punishment Clause and asserting that he was not guilty of a violent crime due to a change in the law. The court denied his petition, holding that a federal prisoner could not invoke the 28 U.S.C. § 2255 savings clause to challenge his conviction based on an intervening change in the law. The court also held that Buford was not entitled to proceed under § 2241 because the limited circumstances under which § 2255’s saving clause applied were not present, as he did not challenge the execution of his sentence, he did not assert the sentencing court is unavailable, and his sentence was not imposed by multiple courts. The court held that Buford's claims that his confinement exposed him to a serious health risk were not cognizable under § 2241. The court dismissed the petition without prejudice and would allow a subsequent civil rights complaint to be filed. | |||||||||||||||||
28 | Casey v. United States, No. 4:18-cr-4 (RAJ), 2020 WL 2297184 (E.D. Va. May 6, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1kS7JX2Jxnam5BCsatczM13neG5vQG1Zm | Virginia | Federal District Court | E.D. Va. | 5/6/2020 | Motion Granted | Yes | Only served a small portion of their sentence (less than 33%) | Exhaustion is subject to equitable exceptions. | Prison quarantine for 14 days; 30 months home confinement | Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Age, Cardiac Disease | Age 76 | No | Violation of the Lacey Act (led a conspiracy to falsely mislabel seafood) | Federal Prison | FCI Petersburg Low | Not Discussed | First Step Act, 18 U.S.C. § 3582(c)(1)(A), First Step Act Exhaustion | Compassionate release granted to 76-year-old individual with severe heart disease. Exhaustion requirement waived due to the possibility of severe illness or death from contracting COVID-19 during 30-day period. Due to defendant's age and weakened state, Court ruled he was no danger to the community. | |||||||||||
29 | Daniels v. Williams, 4:20-CV-01041 (N.D. Ohio June 23, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made | https://drive.google.com/open?id=1eO6ONFSHslK7XmwlxSf3kKQ19lqwWesq | Ohio | Federal District Court | N.D. Ohio | 6/23/2020 | Motion Denied | No | Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Asthma, Kidney Disease | Asthma (severity unspecified) | Not discussed | Federal Prison | FCI Elkton | Yes | Eighth Amendment - Deliberate Indifference | § 2241 Habeas, § 2241 Habeas Exhaustion | The court dismissed without prejudice the individual’s pro se motion for habeas corpus for immediate release to home confinement with the assertion that continued confinement would be a violation of the Eighth Amendment, despite his underlying conditions of asthma and kidney disease. The court found that the individual had not exhausted his administrative remedies, which was necessary before seeking relief under § 2241. | ||||||||||||||
30 | Dillon v. Wolf, No. 20-CV-479-SMY, 2020 WL 3316006 (S.D. Ill. June 18, 2020) | Criminal (Federal Custody) | Release, Temporary Restraining Order (TRO), Preliminary Injunction (PI) | Individual | No | Decision Made | https://drive.google.com/open?id=1h7tCAG70GBBhvPIjDc_6s0ziUxrOyyF2 | Illinois | Federal District Court | S.D. Ill. | 6/18/2020 | Motion Denied | No | Pretrial Detention [jail], Pre-Existing Health Conditions | High Cholesterol, Hypertension (high blood pressure), Chest pains | The decision does not detail his health concerns beyond listing "chest pains, prehypertension, and high cholesterol." It also mentions he had an infected tooth removed in January 2020 after it was untreated for close to a year. | No | Drug Conspiracy; Obstruction of Justice; Unlawful Flight to Avoid Prosecution; Money Laundering | Local / County Jail | Randolph County Jail (Chester, Illinois) | Not Discussed | Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Sixth Amendment Speedy Trial; Fifth Amendment Prosecutorial Misconduct | Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142, § 2241 Habeas | The district court denied relief for a habeas petition alleging Fifth, Sixth, Eighth, and Fourteenth Amendment violations. Mr. Dillon's Eighth and Fourteenth Amendment arguments related to conditions of confinement and medical treatment were dismissed as improper habeas claims that should have been pursued under §1983. Similarly, the court considered his Fifth Amendment arguments related to false grand jury testimony a "challenge to his ongoing Federal criminal cases," not a demonstration of arbitrary continued detention. As to his Speedy Trial argument, the judge held that his case was properly deemed "complex" and therefore not subject to Speedy Trial Act limitations. Finally, the court found no likelihood of success of merits or irreparable harm for a TRO, and no cognizable basis for habeas relief. | |||||||||||||
31 | Dixon v. United States, No. 1:20-cv-05994 (D.N.J. Jun. 16, 2020) | Criminal (Federal Custody) | Release, Monetary Relief | Individual | No | Decision Made | https://drive.google.com/open?id=1KV2xS8NpJgOxCPsOR3h-H7VC8I9VWXQq | New Jersey | Federal District Court | D.N.J. | 6/16/2020 | Motion Denied | No | Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Cardiac Disease, Hypertension (high blood pressure), Obesity | Not discussed | Federal Prison | FCI Fort Dix | Not Discussed | Eighth Amendment - Deliberate Indifference | Section 1983, Fed. R. Civ. P. 8 | Plaintiff, housed in federal prison, filed a pro se action against the Attorney General (AG), the BOP Commissioner, and the warden of his facility in Ft. Dix, New Jersey, asking for release and money damages. The complaint alleged that inmates were housed 12 to a cell, and that the facility failed to provide adequate PPE. The district court dismissed the suit; against the AG and the BOP Commissioner, it held that the United States was immune from Bivens actions. Against the warden, it held that there were no factual allegations that supported a finding of deliberate indifference under the Eighth Amendment. However, the court suggested that plaintiff could file an amended complaint against the warden with facts that might establish deliberate indifference. | |||||||||||||||
32 | Furando v. Ortiz, No. 20-3739-RMB, 2020 U.S. Dist. LEXIS 105697 (D.N.J. June 17, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made | https://drive.google.com/open?id=1jCxEN-iuZuenxwprhO5j0M7v5Q3jZPU4 | New Jersey | Federal District Court | D.N.J. | 6/17/2020 | Motion Denied | No | Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | No | Federal Prison | FCI Fort Dix | Yes | § 2241 Habeas, § 2241 Habeas Exhaustion | The court denied Furando’s motion for reconsideration of his denied § 2241 petition for failure to exhaust administrative remedies. Furando argued that because of his unspecified medical condition, exhaustion would be futile because people could die of COVID-19 within 2-14 days and the full exhaustion process would take at least 140 days. The court ruled that this was insufficient to render exhaustion futile and credited BOP’s efforts to contain the virus, as there were “only fourteen“ active cases in the facility. | |||||||||||||||||
33 | Harrell v. United States, No. 20-cr-20198 (E.D. Mich. May. 28, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1cM-KRSP-B-NC-zFbQVOxSFd1XZD6NbKQ | Michigan | Federal District Court | E.D. Mich. | 5/28/2020 | Motion Granted | Yes | Has a disciplinary history | Release upon the completion of his 14-day quarantine; 5-year term of unsupervised release | Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Age, Diabetes, High Cholesterol, Hypertension (high blood pressure) | hypertension, high cholesterol, type 2 diabetes (Petitioner is 45 years-old, the government felt that was not considered "at risk" and the court did not opine) | No | Conspiracy to Possess with Intent to Distribute and to Distribute Cocaine Base, Possession with Intent to Distribute a Controlled Substance | Federal Prison | FCI Danbury | Yes | First Step Act, 18 U.S.C. § 3582(c)(1)(A) | The court granted compassionate release where Harrell had exhausted his administrative remedies, he was in the second half of his sentence and he had several pre-existing conditions that made him at greater risk from COVID-19, “[e]ven if . . . Harrell’s conditions do not independently and perfectly fit the definition of severity, as outlined by the CDC." The court found the “persuasive precedent for granting compassionate release under the current circumstances [to be] overwhelming.” At the time of this decision, FCI Danbury had 12 inmates and 2 staff members who have tested positive; 131 inmates and staff members have already been infected and have recovered; and one inmate had died from the virus. Although Harrell has had two disciplinary incidents in prison, the court found his time in prison to overall to show a low risk of recidivism (drug treatment program, financial responsibility program, steady employment during incarceration, completed courses). | ||||||||||||
34 | In re: Manrique, No. 19-mj-71055-MAG-1, 2020 WL 1307109 (N.D. Cal. Mar. 19, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made But Case Still Pending | https://drive.google.com/open?id=19ppz9slZmEHSg_XE2fC7fJ0u7V5SJ6vr | California | Federal District Court | N.D. Cal. | 3/19/2020 | Motion Granted | Yes | Release on bond; surrender passports; report to pre-trial services; fitted with GPS Device; cannot leave home unless medical appointment, legal appointment, or court appearance | Elderly, Immigrant Detention | Age | Age: 74 | No | Immigrant Detention | Maguire Correctional Facility | No | The court granted release on bond to a 74-year-old man. The argument was premised on the fact that he was elderly and was at risk for contracting COVID-19. The court also found that the facility's preparedness plan, while specific and detailed, was not enough. The court not agree with the government's argument to "wait and see" whether the virus spreads. It found the government's argument that individual was a flight risk unavailing because of travel bans. | |||||||||||||||
35 | Jerdine v. Barr, No. 4:20 CV 569, 2020 U.S. Dist. LEXIS 93358 (N.D. Ohio May 28, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1ootOtLFPSt4Dye8u_D1dj9JZAZqvWQUG | Ohio | Federal District Court | N.D. Ohio | 5/28/2020 | Motion Denied | No | Post-Conviction Detention [jail or prison], Parole or Probation Violations | Not discussed | Not discussed | Federal Detention Center [typically federal pretrial detention] | Northeast Ohio Correctional Center | Not Discussed | First Step Act, 18 U.S.C. § 3582(c)(1)(A), First Step Act Exhaustion, § 2241 Habeas, § 2241 Habeas Exhaustion | The court dismissed the petitioner's motion for compassionate release and his habeas petition without prejudice. The court ruled that the incarcerated individual had not exhausted his administrative remedies under either claim, noting that "Title 18 U.S.C. §3582(c)(1) requires exhaustion of administrative remedies before bringing a motion to the Court for compassionate release, and this requirement applies to motions brought in the context of COVID-19." | ||||||||||||||||
36 | Landes v. United States, No. 3:20-CV-00134-KC (W.D. Tex. June 15, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made | https://drive.google.com/open?id=1aEBXNKqVKRqSQ-mXKD2CwipB3cLP7IFr | Texas | Federal District Court | W.D. Tex. | 6/15/2020 | Motion Denied | No | Post-Conviction Detention [jail or prison] | Not discussed | Threatening and conveying false information concerning use of an explosive, in violation of 18 U.S.C. § 844(e). | Federal Prison | La Tuna FCI | Not Discussed | Substantive Due Process (5th Amendment) | § 2241 Habeas, § 2241 Habeas Exhaustion, 18 U.S.C. § 3582, 18 USC § 3621(b), and 18 U.S.C. § 3582 | 28 C.F.R. §§ 570.20–.22 | The court dismissed Petitioner’s Writ of Habeas Corpus without prejudice for failure to exhaust his administrative remedies. It held that even if Petitioner had exhausted administrative remedies, the court was not authorized to release or place Petitioner on home confinement under the First Step Act or CARES Act. The court further held that Petitioner's placement by BOP was not subject to judicial review. | ||||||||||||||
37 | Miller v. United States, No. 16-cr-20222 (AJT), 2020 WL 1814084 (E.D. Mich. Apr. 9, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1tzbNjdmbOlpkPvpOCzmUyTpv5D4dRcmY | Michigan | Federal District Court | E.D. Mich. | 4/9/2020 | Motion Granted | Yes | Has a significant criminal history | An individual does not need to “issue exhaust” (i.e., does not need to mention COVID-19 in their application to the warden in order to rely on it in the motion to the court), Exhaustion is subject to equitable exceptions. | Time served, 14-day quarantine before release. | Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Age, Asthma, Cardiac Disease, Hepatitis, Hypertension (high blood pressure), Liver Disease, Coronary Artery Disease, Chronic Obstructive Pulmonary Disease | Age (69); Asthma (Chronic) | No | 21 U.S.C. §§ 846, 841(a)(1) & (b)(1)(B) (Conspiracy to Distribute and to Possess With Intent to Distribute Heroin); 18 U.S.C. § 922(g)(1) (Felon in Possession of a Firearm). | Federal Prison | FCI Butner | Yes | Sixth Amendment - Access to Counsel | First Step Act, 18 U.S.C. § 3582(c)(1)(A), First Step Act Exhaustion | Granted compassionate release under the First Step Act for defendant convicted of Conspiracy to Distribute and to Possess With Intent to Distribute Heroin and Felon in Possession of a Firearm. The court held that exhaustion was satisfied due to (1) defendant's previous requests and denials for compassionate release in 2019, even if they did not mention COVID-19 and (2) equitable exceptions applied because defendant would be prejudiced by delay. The court further found that defendant's numerous health conditions making him at high risk of COVID-19 (Coronary Artery Disease, Chronic Obstructive Pulmonary Disease, Hypertension, Hepatitis C, Liver Cancer, Heart Disease, asthma, and Cirrhosis) constituted extraordinary and compelling reasons favoring release. | ||||||||||
38 | Myers v. Superintendent, No. 1:16-cv-02023-JRS-DML, 2020 U.S. Dist. LEXIS 94033 (S.D. Ind. May 29, 2020) | Criminal (Federal Custody) | Release | Individual | No | On Appeal | https://drive.google.com/open?id=1s61nCsd3SfpRUo6JR0JuzbJL9ySrR6OM | Indiana | Federal District Court | S.D. Ind. | 5/29/2020 | Motions Partially Granted | Yes | Shall make contact with probation office within 72 hours of release and continue to report; shall not leave his residence except for verified medical appointments or at the direction of the probation office or Court; shall not commit any federal, state, or local crime; shall not unlawfully use or possess a controlled substance; shall not possess a firearm, ammunition, destructive device, or any other dangerous weapon; shall not obtain a passport; shall reside with his mother and shall notify the probation office at least 10 days prior to any change in residence or employment; shall have no contact with the family of the victim; shall not associate with any persons engaged in criminal activity or any person convicted of a felony; shall follow all CDC guidelines regarding social distancing. | Pre-Existing Health Conditions | Psoriasis | No | Murder (conviction vacated) | Federal Prison | Indiana State Prison | Yes | Fed. R. App. P. 23(d) | The court granted Myers’s motion for conditional release pending the government's appeal of his granted petition for writ of habeas corpus. The court found it was within its authority under Rule 23(d) of the Federal Rules of Appellate Procedure to issue a new order. The court also ruled that respondents made a weak showing of their likelihood of success on the merits and of irreparable harm and that it was not enough to overcome the presumption in favor of release. The medication Myers took for his psoriasis that suppressed his immune system, Methotrexate, increased his risk of complications due to COVID-19, strengthening his argument even further. | ||||||||||||||
39 | Poulios v. United States, No. 2:09-cr-00109-RAJ-TEM, Dkt. 26 (E.D. Va. April 21, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1jfZE8t5G8zHQ41r085dGdkklnE9miaRI | Virginia | Federal District Court | E.D. Va. | 4/21/2020 | Motion Granted | Yes | Has a significant criminal history | Exhaustion is subject to equitable exceptions. | Elderly, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History, | Age, Cardiac Disease, Liver Disease | Age (65) | No | Two counts of bank robbery, Credit card fraud and credit card theft, Violating supervised release | Federal Prison | FCI Beckley | Not Discussed | First Step Act, 18 U.S.C. § 3582(c)(1)(A), First Step Act Exhaustion | The Court granted release despite Petitioner’s criminal history, including a conviction for bank robbery and a violation of a federal supervised release. Petitioner is 65 years old and suffers from chronic liver disease as well as “severe cardiac issues.” Id. at 5. Based on his advanced age and 11 years served, the Court determined that he would be unlikely to present a threat to the public. The Court also held that futility, inadequate relief, or undue prejudice allowed for waiving the exhaustion requirement. Id. at 5. | ||||||||||||
40 | Roberts v. Scott, No. 20-CV-2314, 2020 U.S. Dist. LEXIS 93902 (E.D. Pa. May 29, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made | https://drive.google.com/open?id=1p8eJm4tMqNOcJc13WXoZMd2A_gfzLs65 | Pennsylvania | Federal District Court | E.D. Pa. | 5/29/2020 | Motion Denied | No | Parole or Probation Violations | No | Halfway House | Kintock Halfway House | Not Discussed | § 2241 Habeas, Section 1983 | Roberts filed a pro se § 1983 claim against the Pennsylvania Board of Probation and Parole and his parole agent (Scott). The court understood Roberts to be seeking release from the halfway house in which he was civilly committed based on concerns that the facility has not taken sufficient measures to prevent the potential spread of COVID-19. The court dismissed the claim against the board as it was not subject to suit under § 1983, dismissed the claim against Agent Scott for failure to state a claim, encouraged Roberts to file an amended complaint with specific factual allegations and proper defendants. | |||||||||||||||||
41 | Sykes v. United States, No. 5:20-cv-442, 2020 U.S. Dist. LEXIS 107671 (N.D. Ohio June 19, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made | https://drive.google.com/open?id=1ZoiDPzpnFzVqv61KEa72hgDDXPjVs1Zg | Ohio | Federal District Court | N.D. Ohio | 6/19/2020 | Motions Partially Granted | Yes | Post-Conviction Detention [jail or prison] | Not discussed | Multiple drug offenses including "conspiracy to distribute and to possess with intent to distribute heroin" | Federal Prison | Lexington Federal Medical Center (FMC) | Not Discussed | § 2241 Habeas, Second Chance Act, 18 U.S.C. § 3624(c) | The court dismissed the individual's habeas petition under § 2241 on procedural grounds but made the recommendation that he be released into a Residential Reentry Center (RRC) for the maximum time allowable under BOP guidelines "in light of the COVID-19 pandemic." The petitioner was convicted of multiple drug crimes and was sentenced to 135 months in 2014, with his release set to be in September 2022. The petitioner requested relief on the grounds that he was eligible for release into an RRC under BOP guidelines, but when “confronted with a copy of the statute and BOP [Bureau of Prison] directive, BOP Staff members have chosen to ignore the dictates of Congress to consider the nature of the [p]etitioner’s offense, [p]etitioner’s history, and pertinent characteristics.” The court ruled that it did not have the authority under § 3624(c) to grant such a request, as the BOP has exclusive authority in determining whether or not an incarcerated individual meets the criteria for placement in an RRC or home confinement in such a context. However, the court made the non-binding recommendation that he be released because of his successful rehabilitation during the course of his sentence, including participation in the BOP’s Residential Drug Abuse Program (“RDAP”), and given the COVID-19 pandemic. | ||||||||||||||||
42 | United States v. Acoff, No. 3:15-cr-157 (MPS), 2020 WL 2781798 (D. Conn. May 20, 2020). | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1Fuy4dQFgv3NLY50OiIIgdEPnvr2sJ7GZ | Connecticut | Federal District Court | D. Conn. | 5/29/2020 | Motion Granted | Yes | Has a significant criminal history | Statutory exhaustion requirement not excusable by the court | Supervised release for remainder of sentence plus four years; home confinement with curfew enforced by location monitoring for six months; 14 days home self-quarantine upon release; must attend at least four sessions of Support Court. | Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Cardiac Disease, Obesity | Obesity (BMI 43) | Not discussed | Drug distribution; felon in possession of firearm | Federal Prison | USP Lewisburg | Not Discussed | First Step Act, 18 U.S.C. § 3582(c)(1)(A) | Compassionate release granted to individual with substantial criminal record including three felony convictions. Despite his "substantial risk of recidivism," court found that health conditions including severe obesity and congenital heart defects warranted compassionate release, as defendant had served over half his sentence. | |||||||||||
43 | United States v. Adams, No. CR DKC 19-257-003, 2020 WL 1457916 (D. Md. Mar. 25, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made | https://drive.google.com/open?id=1h8gN9w8Lq5rL2giiKNLFNLLoU6SgQSsb | Maryland | Federal District Court | D. Md. | 3/25/2020 | Motion Denied | No | Post-Conviction Detention [jail or prison] | Not discussed | Armed bank robbery; Brandishing a firearm during a crime of violence | Not Discussed | Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143, 18 U.S.C. § 3145(c) (“Exceptional Reasons for Release”) | The court denied Mr. Adams's request for a hearing reviewing his detention order, holding that the order that he be detained until sentencing should remain intact. Mr. Adams had pled guilty to armed robbery and brandishing a firearm during the crime and faced a sentence of up to 32 years. He was not eligible for release under § 3143 "given the defendant’s guilty plea and the mandatory sentence[,]" but requested release under § 3145(c), which allowed for “exceptional reasons for release.” The court denied his request for a hearing because he did not have a sufficient reason for why "detention would not be appropriate[,]" as he had not shown why he was especially at risk from COVID-19 and had "failed to demonstrate by clear and convincing evidence that he will not flee or be a danger." The court also noted the difficulties that the probation office would face in monitoring, stating that "[i]n light of the advice to practice social distancing, the probation office is simply unable to employ devices that require close personal interaction." | ||||||||||||||||||
44 | United States v. Almontes, No. 3:05-cr-58-SRU, 2020 U.S. Dist. LEXIS 62524 (D. Conn. Apr. 9, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1YiAJ3QmIjTxu8mDoKr1zGzsYTHz_IgXO | Connecticut | Federal District Court | D. Conn. | 4/9/2020 | Motion Granted | Yes | Has a significant criminal history, Was sentenced as a Career Offender under the U.S. Sentencing Guidelines | An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request. | Post-Conviction Detention [jail or prison], Significant Criminal History, Pre-Existing Health Conditions | Severe Spondylolisthetic Stenosis, Cervical Myelopathy | No | Conspiracy to Possess with Intent to Distribute and to Distribute 500 Grams or More of Cocaine, Possession of a Firearm in Furtherance of a Drug Trafficking Offense | Federal Prison | FCI Danbury | Not Discussed | First Step Act, 18 U.S.C. § 3582(c)(1)(A), First Step Act Exhaustion | The court granted Almonte's motion for compassionate release for a combination of reasons. Most importantly, Almonte (whose name was misspelled on the docket) was in need of a spinal surgery that if left untreated would leave him paralyzed; his condition was already interfering with his ability to care for himself while incarcerated. The court agreed that BOP was ignoring his medical request and assumed that his request was even less likely to be met now that COVID-19 had become the main concern. | |||||||||||||
45 | United States v. Amarrah, No. 17-20464 (JEL), 2020 WL 2220008 (E.D. Mich. May 7, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/file/d/1u7omXN4omCrdE7FisDWVsGHGvAnTRNXH/view?usp=sharing | Michigan | Federal District Court | E.D. Mich. | 5/7/2020 | Motion Granted | Yes | Has a disciplinary history | An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request. | 14 day quarantine period at the prison; 75 months supervised release: 12 months home confinement, followed by 27 months with curfew, and 36 months in original conditions of supervised release | Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Asthma, Diabetes, Hearts conditions, Hypertension (high blood pressure), Sleep Apnea | Asthma (severity unspecified) | Not discussed | Conspiracy to pay and receive healthcare kickbacks; Payment or receipt of kickbacks in connection with a federal healthcare program (four counts) | Federal Prison | FCI Loretto | No | First Step Act, 18 U.S.C. § 3582(c)(1)(A) | Compassionate release granted to individual with hypertension, asthma, and diabetes who had served 21 months of 60-month sentence. Defendant had several disciplinary infractions and had pretrial bond revoked due to obstruction of justice, but Court found that defendant posed no danger to the community. Extended term of supervised release imposed. Government argued that since it had its own process for evaluating for release, the Defendant was "cutting in line" by seeking compassionate release. Judge Levy forcefully rejected this argument: "This 'cutting in line' argument offends the Court" and "is without merit." Id. at *5. And while there were no confirmed cases in the facilty, the court held that "[z]ero confirmed COVID-19 cases is not the same thing as zero COVID-19 cases" and "unless and until FCI Loretto implements a universal testing regimen, the Court gives no weight to the zero 'confirmed' COVID-19 cases statistic." Id. at *6. | |||||||||||
46 | United States v. Andrews, No. 1:19-cr-00131, 2020 WL 3182911 (S.D.N.Y. June 15, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made But Case Still Pending | https://drive.google.com/open?id=1TY51yApoq_qreToA4m29hdDjdltQIdgt | New York | Federal District Court | S.D.N.Y. | 6/15/2020 | Motion Denied | No | Pretrial Detention [jail] | Sex trafficking by means of force, fraud, or coercion, 18 U.S.C. § 1591(a), and conspiracy to commit the same, 18 U.S.C. § 1594(c) | Federal Detention Center [typically federal pretrial detention] | Metropolitan Correction Center | Not Discussed | Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142 | The court denied bail to Andrews, finding that he failed to rebut the presumption that he was a risk of flight or danger to his community under 18 U.S.C. §3142. Andrews was charged with sex trafficking by means of force, fraud, or coercion, 18 U.S.C. § 1591(a), and conspiracy to commit the same, both of which are 18 U.S.C. Ch. 77 offenses, which triggered a rebuttable presumption that he is a danger to the community or a risk of flight. The court found Andrews' risk of flight was heightened, given the fact he witnessed the government's formidable evidence against him at trial in March. Additionally, the court found he posed a grave danger to the community based on a victim's testimony of Andrews' coercive and manipulative behavior, exploitation of the victim's drug addiction, and the fact Andrews had carried out the sex trafficking using phone and computers, making it easy for him continue his operation from home. | |||||||||||||||||
47 | United States v. Andrewsh, No. 19-MJ-87 (JFS), 2020 WL 1904473 (M.D. Pa. April 17, 2020). | Criminal (Federal Custody) | Release | Individual | No | Decision Made But Case Still Pending | https://drive.google.com/open?id=1EB3ZALdOa_A-31Q3rhfAg-atGM9gJjiZ | Pennsylvania | Federal District Court | M.D. Pa. | 4/17/2020 | Motion Denied | Yes | Pretrial Detention [jail], Significant Criminal History | Asthma, Serious and Persistent Mental Illness (SPMI) | Bipolar disorder (not otherwise specified); Asthma (unspecified). | No | Possession with intent to distribute methamphetamine, 21 U.S.C. § 842(a)(1). | Local / County Jail | Lackawanna County Prison | Yes | Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142 | The court denied 18 U.S.C. § 3142 motion for revocation of detention order for defendant charged with possession with intent to distribute, despite his high COVID-risk status due to his asthma. The court found that the original grounds fo detention (his involvement in similar criminal activity, that drug traffickers pose special flight risks, and seriousness of his charges) weighed against release. The court also found his release plan (to the custody of his father and stepmother, who had a minor daughter) did not appear to be in the best interest of the family and would possibly increase the COVID risk to the community. While his asthma may increase risk, the court found it appeared to be under control, and speculation about his health conditions did not constitute a compelling reason for temporary release. | ||||||||||||||
48 | United States v. Ardila, No. 03-cr-264 (SRU), 2020 WL 2097736 (D. Conn. May 27, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1QC7j6F4VmDBYei0jzT4ubWXMAwZhQRtp | Connecticut | Federal District Court | D. Conn. | 5/1/2020 | Motion Granted | Yes | Went to trial | No exhaustion issue because the BOP formally denied his request on April 15, 2020. | Immediate release; Entering ICE custody pursuant to his detainer | Elderly, Pre-Existing Health Conditions | Age, Asthma, Diabetes, Hypertension, Obesity | Age (71), Asthma (does not clarify), Obesity (does not clarify) | No | Drug charges, including conspiracy to possess with intent to distribute and to distribute 5,000 grams or more of cocaine, 1,000 grams or more of heroin. | Federal Prison | Not Discussed | First Step Act, 18 U.S.C. § 3582(c)(1)(A) | The court granted a motion for compassionate release. The court held that Ardila had demonstrated "extraordinary and compelling reasons" warranting a reduction of his sentence, namely his age (71) and chronic health conditions (asthma, hypertension, obesity, diabetes, cardiovascular disease). His sentence was reduced to time served for him to be released from BOP custody and into ICE custody pursuant to his underlying detainer. | ||||||||||||
49 | United States v. Arreola-Bretado, Case No. 3:19-cr-3410, Dkt. No. 50 (S.D. Cal. May 15, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made | https://drive.google.com/open?id=17zeXp4FTo4JqJxlYlLSZ4BjseEcM_QW2 | California | Federal District Court | S.D. Cal. | 5/15/2020 | Unknown | Yes | Post-Conviction Detention [jail or prison] | Not discussed | Importation Of Methamphetamine (Felony) | Federal Prison | Not Discussed | First Step Act, 18 U.S.C. § 3582(c)(1)(A) | Amended sentence reducing the sentence to time served. | |||||||||||||||||
50 | United States v. Asaro, No. 17-CR-127 (ARR), 2020 WL 1899221 (E.D.N.Y. Apr. 17, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1eGq2ZQKjiUwniOt9HidQX4Zr91oup-N5 | New York | Federal District Court | E.D.N.Y. | 4/17/2020 | Motion Granted | Yes | Has a significant criminal history | 23 months supervised release (including 24-hour home incarceration via location monitoring); less stringent supervised release for the 3 years thereafter; release into the custody of family members (relation unspecified); some form of supervision (by an adult approved by the Probation Department) must be present on a 24-hour basis | Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Age, High Cholesterol, Hypertension (high blood pressure), Traumatic Brain Injury, Right-side Hemiplegia (muscle weakness/partial paralysis on right side of body) | Age (84) | No | High level member of Bonanno crime family with long history: present convictions were for directing Bonanno family associates to set a driver's car on fire; strangling a man for cooperating with the police; and participation in a heist | Federal Prison | Medical Center for Federal Prisoners - Springfield, Missouri ("MCFP Springfield") | No | First Step Act, 18 U.S.C. § 3582(c)(1)(A), First Step Act Exhaustion | The court granted the incarcerated individual's petition for compassionate release on account of his age and numerous health conditions (including a stroke and paralysis on the right side of his body) that would leave him especially vulnerable to COVID-19. The incarcerated individual was a high-ranking member of the Bonanno crime family and thus had a long and violent criminal history, including offenses like directing associates to commit arson, strangling a man to death, planning/participating in a heist, and being involved in loansharking. However, the court determined that despite that history, his "deteriorating" physical and mental health both put him at risk for infection and also made him less of a threat to the community. The court specifically noted that his conditions, coupled with home confinement orders, meant that he would have little opportunity to engage in violent conduct despite having an "explosive temper.” Thus, the court ordered that he be released as soon as possible and remain under home confinement for 24 months in the care of family members. | ||||||||||||
51 | United States v. Atkinson, No. 2:19-CR-55 JCM (CWH), 2020 WL 1904585 (D. Nev. Apr. 17, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1DpcVKKjP9iNDS5JDken8cUx49K8ScYyI | Nevada | Federal District Court | D. Nev. | 4/17/2020 | Motion Granted | Yes | An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request. | Moved to home confinement for remainder of sentence (without electronic monitoring); will be picked up by a family member to decrease possible exposure; will also have 3 years of supervised release once home incarceration ends; temporarily suspended requirement that "defendant work at least 30 hours per week at a lawful type of employment and participate in community service." | Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Unspecified Serious Medical Condition | No | Federal Prison | Federal Prison Camp - Atwater CA (FPC Atwater) | No | First Step Act, 18 U.S.C. § 3582(c)(1)(A), First Step Act Exhaustion, U.S.S.G. § 1B1.13 | The court granted the incarcerated individual's motion for compassionate release, doing so on the basis of his pre-existing medical condition and the conditions/policies of FPC Atwater which would put the individual at risk of infection. On the issue of exhaustion, the court held that there had been exhaustion given that "he filed an application with the warden, followed up with the warden for a determination or status report, and received a generic response that did not indicate any action was being regarding his application." On the merits, the court held that while there were no recorded cases of COVID-19 at the prison facility, the policies being implemented by the BPO were not robust enough to protect the incarcerated individual given his pre-existing condition. For instance, the court noted a lack of testing (except for those showing symptoms), an inability to keep the incarcerated individual isolated, and the failure of prison officials to provide him with cleaning supplies; the court also stated that "he has not seen extra efforts of staff members making rounds to disinfect or take inmates’ temperatures to see if anyone has a fever.” | ||||||||||||||
52 | United States v. Atwi, No. 18-20607 (LJM), 2020 WL 1910152 (E.D. Mich. Apr. 20, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1l98bbVlJWl2cb8Xb-vEKlJtLjrchTyAa | Michigan | Federal District Court | E.D. Mich. | 4/20/2020 | Motion Granted | Yes | Only served a small portion of their sentence (less than 33%) | Exhaustion is subject to equitable exceptions. | Time served and 14 days (for prison quarantine), remainder of sentence in home confinement. | Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Tuberculosis | No | Food stamp fraud; false income tax return. 4-month sentence. | Federal Prison | FCI Milan | Yes | First Step Act, 18 U.S.C. § 3582(c)(1)(A), First Step Act Exhaustion | The court granted a motion for compassionate release, holding Defendant's Tuberculosis, nonviolent offense, short sentence, and low risk of recidivism favored release. The court did not not hold that exhaustion under the First Step Act could be completely waived, but rather that in these circumstances waiting 30 days was unnecessary. The individual had latent tuberculosis and the government produced medical evaluations to try to show that they were not at higher COVID risk. The court held that while there was not solid evidence regarding latent TB as a risk factor for contracting COVID-19, “regardless of whether latent TB can make a person more susceptible to catching COVID-19, if Atwi does catch it, the risks to someone with a co-infection of TB and COVID-19 ‘are readily apparent,’ as both are respiratory diseases that affect the lungs” and “[t]he Court is not willing to take that risk.” Id. at *5. | ||||||||||||
53 | United States v. Austin, No. 1:06-cr-991 (JSR), 2020 U.S. Dist. LEXIS 109379 (S.D.N.Y. June 22, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=17pyPN8aF4WqGNlBBhcmsCRYi1ZChtx1_ | New York | Federal District Court | S.D.N.Y. | 6/23/2020 | Motion Granted | Yes | Sentence time reduced to time served; may remain out of prison rather than being forced to return | Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Hypertension (high blood pressure), Obesity | Obesity (BMI not specified) | Current sentence: felon in possession of a firearm; Prior history: three prior state robbery convictions | Federal Prison | FCI Allenwood | Yes | First Step Act, 18 U.S.C. § 3582(c)(1)(A), U.S.S.G. § 1B1.13 | The court ruled to grant the individual's request for compassionate release under the First Step Act. The case was unusual because the individual had already been released from prison but was set to be returned. Although the district court had agreed to release him in 2017, the government had appealed and the Second Circuit reversed and remanded in 2019. The court decided to grant Austin compassionate release and permitted him to remain at liberty on the basis that it would be unjust to return him to prison, given that "[s]ince his release in 2017, Austin has lived the life of a productive citizen, securing employment, obtaining an apartment, and involving himself with his family." The court also named COVID-19 as another factor in its decision, stating that "in light of the factors above —the total irrationality of subjecting this defendant to an additional period of incarceration and the likelihood that such incarceration would undermine and perhaps irreversibly set back his rehabilitation — even the reduced risk that this defendant would face from COVID-19 inside a prison facility where, because of crowded and unsanitary conditions, the virus can sometimes flourish, adds to the combined elements warranting release." | ||||||||||||||
54 | United States v. Baclaan, No. 16-cr-00468-HG, 2020 WL 2820199 (May 29, 2020). | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1xaPCWY0q7eTBDEpBgAXO6cRuBT-_pTaL | Hawaii | Federal District Court | D. Haw. | 5/29/2020 | Motion Granted | Yes | Has a significant criminal history | Home confinement without electronic monitoring for remainder of sentence; home quarantine for 14 days. | Elderly, Post-Conviction Detention [jail or prison], Parole or Probation Violations | Age, Cardiac Disease, Diabetes, Hypertension (high blood pressure), Degenerative disc disease; obstructive sleep apnea; radiculitis | Age 62 | Not discussed | Distribution of Oxycodone; Supervised release revoked due to drug use; Criminal History Category IV | Federal Detention Center [typically federal pretrial detention] | Federal Detention Center Honolulu | Not Discussed | First Step Act, 18 U.S.C. § 3582(c)(1)(A) | Compassionate release granted to individual with pre-existing health conditions including coronary artery disease and hypertension. Defendant had previously violated conditions of supervised release through illegal drug use, but had been imprisoned without using drugs for a substantial period of time and posed no danger. Defendant exhausted administrative remedies. | ||||||||||||
55 | United States v. Barkman, No. 19-CR-00052-RCJ, 2020 U.S. Dist. LEXIS 45628 (D. Nev. 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made | https://drive.google.com/file/d/1HY0fgXDnEojhp8m6IvwGv23lFJFwK1QO/view?usp=sharing | Nevada | Federal District Court | D. Nev. | 3/17/2020 | Motion Granted | 30-day temporary suspension of intermittent confinement required as a condition of probation | Post-Conviction Detention [jail or prison], Parole or Probation Violations | No | Local / County Jail | Washoe County Detention Facility | Not Discussed | 18 U.S.C. § 3563 | Mr. Barkman was serving intermittent weekly two-day sentences to complete a sixty-day sentence. In light of the COVID-19 pandemic, the Washoe County Detention Facility's inadequate plan to deal with the pandemic, the risks to those incarcerated at the facility, and the risks to Mr. Barkman, the court ordered a 30-day suspension of Mr. Barkman's intermittent confinement. | |||||||||||||||||
56 | United States v. Bayuo, No. 15-cr-576 (JGK), 2020 U.S. Dist. LEXIS 108696 (S.D.N.Y. June 20, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=11z26Iz_s4M0FeJqnBkxMx66w9jwLZWUq | New York | Federal District Court | S.D.N.Y. | 6/20/2020 | Motion Granted | Yes | Only served a small portion of their sentence (less than 33%) | Two years supervised release; also is subject to a detainer by Immigration and Customs Enforcement (ICE) and is likely to be removed from the country | Post-Conviction Detention [jail or prison] | Diabetes, Hypertension (high blood pressure) | No | Aiding and assisting preparation of false and fraudulent tax returns; theft of government funds; aggravated identity theft; subscribing to false income tax returns | Federal Prison | FCI Aliceville | Not Discussed | First Step Act, 18 U.S.C. § 3582(c)(1)(A), U.S.S.G. § 1B1.13 | The court granted the individual's motion for compassionate release under the First Step Act on the basis that her pre-existing health conditions (diabetes and hypertension) increased her risk of infection due to COVID-19. The individual was convicted of federal offenses related to identity theft and fraudulent tax returns. She was also subject to a detainer by ICE. The court granted her motion due to her health issues which "diminish the ability of the defendant to provide self-care within the environment of a correctional facility." The court also noted that "defendant is a first-time non-violent offender and complied with more than four years of pretrial release conditions" and that her likely removal meant that she "does not present a risk to the public." | |||||||||||||
57 | United States v. Ben-Yhwh, No. CR 15-00830 LEK, 2020 WL 1874125 (D. Haw. Apr. 13, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1o7ug9T4ujL8TmBE7jcHBRcSNwtZ86DVt | Hawaii | Federal District Court | D. Haw. | 4/13/2020 | Motion Granted | Yes | Only served a small portion of their sentence (less than 33%) | Exhaustion is subject to equitable exceptions. | Home confinement without electronic monitoring for remainder of sentence and afterwards four years of supervised release; Must quarantine for 14 days after release; Must report to the USPO, District of Hawai'i (or the federal judicial district in which he intends to reside) within 48 hours of his release from BOP custody. | Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Age, Asthma, Cardiac Disease, Diabetes, High Cholesterol, Hypertension (high blood pressure), Arthritis, Parkinson's, Glaucoma | Age (73) | No | Attempting to possess with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of cocaine. | Federal Prison | BOP Medical Center for Federal Prisoners, Springfield, Missouri | No | First Step Act, 18 U.S.C. § 3582(c)(1)(A), First Step Act Exhaustion, U.S.S.G. § 1B1.13 | The court granted the incarcerated individual's request for compassionate release, allowing him to serve out the remainder of his sentence in home custody without electronic confinement. The individual is 73 years old and suffers from numerous health issues that make him suspectible to Covid-19 including Parkinson's disease, diabetes, and asthma. On the issue of exhaustion, the court ruled that while there were no cases in the medical facility he was being detained at, any risk of contracting COVID-19 would put his life in serious jeopardy, and thus any delay could have serious consequences. On the merits, the court ruled that his age, his medical conditions, and the pandemic all "demonstrated extraordinary and compelling reasons justifying his release under section 3582(c)(1)(A)." The court also noted that the incarcerated individual's health had deteriorated since his incarceration, as demonstrated by weight loss of 30 lbs., meaning that "[t]o prolong his incarceration further would be to impose a sentence 'greater than necessary' to comply with the statutory purposes of punishment, and would be unnecessarily cruel." | |||||||||||
58 | United States v. Bess, No. 16-CR-156, 2020 WL 1940809 (W.D.N.Y. Apr. 22, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | On Appeal | https://drive.google.com/open?id=16--ERqJRTVXv1JgbX-GSRE1n5Tdjvd5- | New York | Federal District Court | W.D.N.Y. | 4/22/2020 | Motion Granted | Yes | Has a significant criminal history | Exhaustion is subject to equitable exceptions. | Will finish out his sentence in home confinement and then be subject to five years of supervised release; must quarantine for 14 days upon being released from custody | Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Age, Cardiac Disease, Diabetes, Hypertension (high blood pressure) | Age (65); has multiple cardiac issues including congestive heart failure, coronary artery disease, and severely depressed ventricular function | No | Possession with intent to distribute 5 grams or more of methamphetamine; prior criminal history consists of small-time burglary and drug possession | Federal Prison | FCI Butner | Yes | First Step Act, 18 U.S.C. § 3582(c)(1)(A), First Step Act Exhaustion, U.S.S.G. § 1B1.13 | The court granted the petitioner's request for compassionate release on the basis of his serious pre-existing health conditions, including multiple cardiac issues, and the conditions at FCI Butner where he was being held. The petitioner was serving a sentence for possession with intent to distribute of methamphetamine and has a prior history of small-time theft, most of which, according to the judge, was driven by an untreated drug addiction. On the issue of exhaustion, after a lengthy analysis, the court determined that it had the authority to waive exhaustion for equitable purposes and decided to do so here. On the merits, the court ruled that Bess's “severely limited heart function” put him at risk for serious infection, especially given that "the conditions at Butner are exceptionally dangerous" with "50 confirmed inmate and 27 confirmed staff cases of COVID-19." The facility was described as being especially cramped and the court observed a failure to implement effective protocols to ensure safe conditions, noting that "[a]lthough 'the facility had passed out masks to inmates[,] . . . [other] inmates [were] using them only sporadically' and also 'were inconsistent about washing their hands.'" | |||||||||||
59 | United States v. Bhimani, No. 3:17-CR-00324, 2020 WL 3304141 (M.D. Pa. June 18, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made | https://drive.google.com/open?id=1w3G6SozLOvNkT7_aaeuWIeUVkQXhNszJ | Pennsylvania | Federal District Court | M.D. Pa. | 6/18/2020 | Motion Denied | No | Pretrial Detention [jail], Pre-Existing Health Conditions | Hypertension (high blood pressure), Low Blood Glucose | No | Sex trafficking by force, fraud, and coercion; conspiracy to distribute and possession with intent to distribute controlled substances; maintaining a drug premises | Local / County Jail | Lackawanna County Prison (LCP) | Yes | Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142 | The court ruled against the individual, denying his request to be released from pre-trial detention under § 3142(i) of the Bail Reform Act. The individual was accused of crimes related to sex and drug trafficking and was being held at a state facility despite being a federal prisoner; he had hypertension and low blood glucose, which he argued made him susceptible to infection by COVID-19. The court rejected his claim on the basis that his conditions were not serious enough to warrant release and that prison conditions and mitigation measures were sufficient to mitigate the risk. The court noted that only a single prison guard had tested positive and also noted measures including “aggressive sanitation programs,” “[suspension of] all programs that utilize ‘outside’ employees, “prohibit[ing] individuals other than prison and medical staff to proceed any further than the reception area,” “limit[ing] attorney visits with inmates to meetings through a glass partition in a lawyer visitation room unless written permission is granted by the warden or the deputy warden” and requiring "body temperature screening checks for all employees and lawyers as, they enter the facility." | |||||||||||||||
60 | United States v. Blankenship, No. 19-CR-237 (EAS), 2020 WL 1557664 (S.D. Ohio Apr. 1, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made But Case Still Pending | https://drive.google.com/open?id=13Tbiv1tF9pNG_RjMoHVRy79DwgSEBFaW | Ohio | Federal District Court | S.D. Ohio | 4/1/2020 | Motion Denied | No | Pretrial Detention [jail] | No | Conspiracy to distribute under 21 U.S.C. § 846, 841(a)(1); Possession with intent to distribute more than 500 grams of methamphetamine under 841(b)(1)(A)(viii). | Local / County Jail | County Jail (unspecified) | No | Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142 | Order denying revocation of pre-trial detention for defendant charged with possession with intent to distribute and conspiracy to distribute methamphetamine. Defendant alleged no health conditions placing her at heightened risk, and the generalized health risk of COVID-19 was not outweighed by the danger to the community from release due to the seriousness of the crimes alleged. | ||||||||||||||||
61 | United States v. Bolston, No. 18-CR-00382-MLB (N.D. Ga. Mar. 30, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made But Case Still Pending | https://drive.google.com/open?id=1lqAzIeM2cz1gIbuPkfQoVEDl26KX5VVY | Georgia | Federal District Court | N.D. Ga. | 3/30/2020 | Motion Granted | Yes | Subject to 24 hour home incarceration except for medical necessity and court appearances; no verbal, physical, virtual or in-direct contact with former partner; must shelter in place pursuant to government orders due to COVID-19 crisis. | Post-Conviction Detention [jail or prison] | No | Federal Detention Center [typically federal pretrial detention] | R.A. Deyton Detention Facility | Not Discussed | Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142, Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143 | The court granted Mr. Bolston's motion for reconsideration of his detention order. The court stated Mr. Bolston had shown that he was not a serious risk of non-appearance at the final hearing and that he was not a serious risk to another person or community. The court stated that the various stay at home orders would reduce the risk Mr. Bolston posed to his former partner and that COVID-19 crisis would likely delay his hearing. | ||||||||||||||||
62 | United States v. Brannan, No. 4:15-CR-80-01, 2020 WL 1698392 (S.D. Tex. Apr. 2, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1sZuJNLq832Gh8p4IJrr_atTC-rf5S-FI | Texas | Federal District Court | S.D. Tex. | 4/2/2020 | Motion Granted | Yes | Three years of supervised release, including one year of home confinement via electronic monitoring | Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Age, High Cholesterol, Hypertension (high blood pressure) | Age (66) | No | Bank fraud | Federal Prison | FCI Oakdale II | Yes | First Step Act, 18 U.S.C. § 3582(c)(1)(A) | The court granted the petitioner's request for compassionate release under the First Step Act, issuing an order without an opinion explaining the underlying the rationale. Based on the petitioner's motion submitted to the court, he was 66 years old, had hypertension and high cholesterol, and was serving a sentence for bank fraud. Based on those health conditions and the conditions at the prison where he was being held, he requested release into home confinement, which was granted by the court. | |||||||||||||
63 | United States v. Bright, No. 2:15-CR-00015-005 (JEJ), 2020 WL 2537508 (W.D. Va. May 19, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/file/d/1JaoWrFB72iFDyq6kyMje2KS-ovlRhDiI/view?usp=sharing | Virginia | Federal District Court | W.D. Va | 5/19/2020 | Motion Granted | Yes | Defendant must serve four months of home incarceration upon release; Defendant must comply with requirements applicable to his place of residence or employment to reduce infection by the coronavirus | Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Asthma, Cardiac Disease, Hypertension, Kidney Disease, Pulmonary Disease, Substance Use Disorder, Herniated and ruptured disks in the back; suffered a heart attack in 2014 | Asthma (severity unspecified); Substance Use Disorder (Alcohol, marijuana, pain medication, bath salts - unclear if use is prior or current) | Not discussed | Conspiring to possess with intent to distribute Alpha-PVP | Federal Prison | FCI Elkton | Yes | Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142, 18 U.S.C. § 3553(a), U.S.S.G. § 1B1.13 | The defendant sought compassionate release, having served 75% of his 84-month sentence, due to a significant Covid-19 outbreak at the prison resulting in at least nine deaths. The defendant had pre-existing health conditions including a prior heart attack and asthma. The government argued that the defendant had not exhausted his administrative remedies because he filed the motion before 30 days had passed from the prison's receipt of his request. The Court issued its ruling 30 days after the prison's receipt of the request, in which time the Warden had not responded, and held that due to the defendant's limited criminal history, pre-existing conditions, and limited prison infractions, he was qualified for relief. | |||||||||||||
64 | United States v. Brown, No. 1:17-cr-24, 2020 U.S. Dist. LEXIS 106010 (S.D. Ohio June 16, 2020) | Criminal (Federal Custody) | Release, Bond Hearing | Individual | No | Decision Made But Case Still Pending | https://drive.google.com/open?id=1U3CiSbnmZ0csk3Hyzmqi-zuB75gaykiA | Ohio | Federal District Court | S.D. Ohio | 6/16/2020 | Motion Denied | No | Pretrial Detention [jail], Parole or Probation Violations | Not discussed | The individual was charged with a supervised release violation for allegedly selling heroin in the vicinity of a school. | Not Discussed | Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143, 18 U.S.C.S. § 3145 | After being charged with a supervised release violation, an individual requested a bond review due to the hardship posed by COVID-19 on his family. The court denied his request, finding that the individual did not provide clear and convincing evidence that he was unlikely to pose a danger to the community if released and “failed to demonstrate ‘exceptional reasons’ requiring his release." | ||||||||||||||||||
65 | United States v. Bryant, No. 06-cr-00017, 2020 WL 1435066 (S.D.N.Y. Mar. 24, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made | https://drive.google.com/open?id=17CfbZhKZfx_Vev2jQXriFFZe-gT-K4b0 | New York | Federal District Court | S.D.N.Y. | 3/24/2020 | Motion Denied | No | Post-Conviction Detention [jail or prison] | Age | Age (55) | Not discussed | Distribution of 50 or more grams of crack cocaine, distribution of 24.5g of the same, and distribution of 49g of the same | Not Discussed | 18 U.S.C. § 3553(a)(2)(D), Fed. R. Civ. P. 35(a) | The court denied an individual's motion to correct his sentencing based on Fed. R. Civ. P. 35(a). Despite the fear that continued incarceration might expose the individual, at age 55, to COVID-19, the court found no clear error in its prior sentence, as it had considered all statutory factors, which included § 3553(a)(2)(D), the need for the sentencing to provide adequate medical care. | ||||||||||||||||
66 | United States v. Burrill, No. 17-CR-00491-RS-1, 2020 WL 1846788 (N.D. Cal., April 10, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/file/d/1St1mI5lOlAmVvI6pAgAPXH0ZrR5Tye6U/view?usp=sharing | California | Federal District Court | N.D. Cal. | 4/10/2020 | Motion Granted | Yes | Rest of sentence reduced to home confinement followed by supervised release; 14 days home quarantine | Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Age, Asthma, Diabetes, High Cholesterol, Hypertension, Diverticulitis, blood clots, hearing loss, glaucoma, cataracts, lower back nerve pain | Age (75), Asthma (unspecified severity) | No | Investment advisor fraud; filing a false tax return | Federal Prison | FCI Duluth | Not Discussed | First Step Act, 18 U.S.C. § 3582(c)(1)(A) | Compassionate release grant to 75-year-old with underlying medical conditions including asthma and high blood pressure. Court rejected government's argument that individual had waived his right to seek a sentence reduction under 18 U.S.C. § 3582 as part of his plea agreement, since the plea predated the First Step Act. Court also rejected the government's argument that individual had not exhausted because email explicitly requesting release to home confinement did not count as a request for a sentence reduction. | |||||||||||||
67 | United States v. Calabrese, No. 3:16-cr-30033, 2020 WL 3316139 (D. Mass. June 18, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1oLDmQEPzZaX23JIdYwl-36-hfxg1eb7B | Massachusetts | Federal District Court | D. Mass. | 6/18/2020 | Motion Granted | Yes | An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request. | Post-Conviction Detention [jail or prison] | Age | Age (55) | No | Conspiracy to interfere with commerce by threats of violence, in violation of 18 U.S.C. § 1951; interference with commerce by threats or violence and aiding and abetting, in violation of 18 U.S.C. §§ 1951 & 2; conspiracy to use extortionate means to collect extensions of credit, in violation of 18 U.S.C. §894(a); and use of extortionate means to collect extensions of credit, in violation of 18 U.S.C. §894(a). | Federal Prison | Federal Medical Center Lexington (Kentucky) | Yes | First Step Act, 18 U.S.C. § 3582(c)(1)(A) | The court granted Calabrese compassionate release, finding that he had met his burden to show the existence of extraordinary circumstances warranting release under 18 U.S.C. § 3582(c)(1)(A). Calabrese was serving his sentence at FMC Lexington, and at the time he filed his motion, FMC Lexington had the third highest number of positive COVID-19 cases in the federal prison system. The court weighed the seriousness of the conditions at FMC Lexington with the fact Mr. Calabrese was 55 years old, has served almost his entire sentence, had no prior criminal history and has no record of being disciplined while incarcerated. | |||||||||||||
68 | United States v. Campos, No. 4:20-cr-00056 (D. Ariz. Apr. 2, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made But Case Still Pending | https://drive.google.com/open?id=1AQZeFdcehqHTptf17icAgvWNvRLi6YGG | Arizona | Federal District Court | D. Ariz. | 4/2/2020 | Motion Granted | Yes | 1. Defendant promises to appear at all proceedings; 2. Defendant shall not commit any crime; 3. Defendant shall cooperate with DNA sample collection; 4. Defendant shall notify pretrial services about change of address; 5. Shall report to pretrial services; 6. Shall not travel outside of state; 7. Shall surrender all travel documents; 8. Maintain or seek employment; 9. Consume no alcohol; 10. Not possess any drugs; 11. Reside at an inpatient or halfway house as deemed appropriate. | Pretrial Detention [jail] | Substance Use Disorder | No | 21 U.S.C. § 846, Conspiracy to Possess with Intent to Distribute Cocaine; 21 U.S.C. § 841 Possession with Intent to Distribute Cocaine | Federal Detention Center [typically federal pretrial detention] | Not Discussed | Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142 | The court granted the individual's motion to re-open the detention hearing in the case and ordered the individual released to a drug rehabilitation center. New factors included the family's ability to post bond, the individual's acceptance to a drug rehabilitation program, and the existence of a suitable third-party custodian. | |||||||||||||||
69 | United States v. Carter, No. 2:18-cr-00561-JHS, 2020 U.S. Dist. LEXIS 108541 (E.D. Pa. June 22, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made But Case Still Pending | https://drive.google.com/open?id=1vKrr-FghLzK99nfWh55_Px8FkImVs5ix | Pennsylvania | Federal District Court | E.D. Pa. | 6/22/2020 | Motion Denied | No | Pretrial Detention [jail], Parole or Probation Violations | Asthma, Diabetes, Pre-Diabetes, Epilepsy | Asthma (court refers to it as "mild") | No | Current Charges: possession of a firearm by a convicted felon; distribution of a mixture containing crack cocaine; aiding and abetting the distribution of crack cocaine | Prior convictions: felony aggravated assault; contempt of court | Federal Detention Center [typically federal pretrial detention] | Federal Detention Center-Philadelphia, PA (FDC Philadelphia) | Yes | Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142 | The court denied the detained individual's request for release under § 3142. The individual had been charged with illegally selling weapons and drugs, with the prosecution alleging that he engaged in sales to both an undercover police officer and a confidential informant; the individual had asthma and also reported having pre-diabetes and epilepsy. The court denied his release because his asthma was deemed mild enough to not put him at special risk for contracting COVID-19, stating that "the objective medical evidence does not show that his medical conditions are severe enough to justify pretrial release." The court also found that the "[d]efendant’s personal history and characteristics also do not support his release" given his prior conviction for aggravated assault, multiple instances of being found in contempt of court, and the fact that the crime for which he was currently charged occurred while he was on probation. The court admitted that remaining at FDC Philadelphia would make social distancing impossible and elevate his risk of contracting COVID-19 relative to staying with family but found that on balance, the evidence weighed in favor of his continued detention. | |||||||||||||
70 | United States v. Castillo, 4:08-cr-00146, 2020 WL 2820401 (S.D. Tex., May 29, 2020). | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1_bbeXbmBfzgNytdkeqTdw8WrA5kgEnkh | Texas | Federal District Court | S.D. Tex. | 5/29/2020 | Motion Granted | Yes | Only served a small portion of their sentence (less than 33%) | An individual can move for compassionate release less than 30 days after submitting an application for compassionate release, so long as that amount of time has elapsed by the time of decision. | Sentence modified to time served. | Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Age, Cardiac Disease, Diabetes, High Cholesterol, Hypertension (high blood pressure) | Age 64 | Not discussed | Conspiracy to possess with intent to distribute cocaine; conspiracy to commit money laundering | Federal Medical Center | Carswell Federal Medical Center | Yes | First Step Act, 18 U.S.C. § 3582(c)(1)(A) | Compassionate release grant for individual serving life sentence for non-violent drug trafficking offenses. Individual was incarcerated in a medical facility for severe health problems and participated in multiple rehabilitative programs during incarceration. Exhaustion was not an issue because the court ruled more than 30 days after receipt of request. | |||||||||||
71 | United States v. Chandler, No. 19-CR-867 (PAC), 2020 WL 1528120 (S.D.N.Y. Mar. 31, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made But Case Still Pending | https://drive.google.com/open?id=1NkAuyOp-bR6igL5WekmcjyjbSNOb-y0P | New York | Federal District Court | S.D.N.Y. | 3/31/2020 | Motion Granted | Yes | Home confinement, $50,000 bail, electronic monitoring to be determined by pretrial services, order effective for 60 days subject to court revisitation. | Pretrial Detention [jail] | No | Felon in Possession of a firearm under 18 U.S.C. §§ 922(g)(1), 924(a)(2), | 1st Degree Manslaughter in 2006. | Federal Detention Center [typically federal pretrial detention] | Metropolitan Correctional Center | Yes | Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142 | Granted pre-trial release and bail under § 3142(i), for Defendant charged with felon in possession of a firearm, despite Defendant lacking any health conditions that increased his COVID-19 risk. The court found restrictions in MCC in response to COVID-19 had interfered with his ability to confer with counsel and prepare for his upcoming criminal trial, justifying temporary release, subject to revisitation by the court in 60 days. | ||||||||||||||
72 | United States v. Chappell, No. 10-CR-6085L, Dkt. 79 (W.D.N.Y. June 19, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=16mX09T7d5tG40riYvEZFjTb1Gr9Bvegk | New York | Federal District Court | W.D.N.Y. | 6/19/2020 | Motion Granted | Yes | Has a significant criminal history | 18 months home detention; Self-quarantine for 14 days; 10 years supervised release | Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History | Asthma, Hypertension (high blood pressure), Lung Disease, Pulmonary Disease (“COPD”), emphysema, heart disease, Re-sectioning on his lungs | Not discussed | Enticing a minor to engage in sexual activity | Federal Prison | FCI Cumberland | Yes | First Step Act, 18 U.S.C. § 3582(c)(1)(A) | The court granted petitioner’s motion for release. Petitioner had “significant lung issues” as well as asthma and high blood pressure, and had also served over 75% of his sentence. His release was subject to an 18 month home confinement and 10 year supervised release. | |||||||||||||
73 | United States v. Chester, 6:17-CR-06151-EAW, 2020 WL 2771077 (W.D.N.Y., May 29, 2020). | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=19etTnoiVcRfXa_lgx41yNdu3C2RQQMy3 | New York | Federal District Court | W.D.N.Y. | 5/29/2020 | Motion Granted | Yes | Has a significant criminal history | Exhaustion is subject to equitable exceptions. | Sentence commuted to time served with no supervised release; 14 days self-quarantine at residence of mother and sister. | Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Cardiac Disease, Hypertension (high blood pressure) | Not discussed | Failure to register and update sex offender registration; Violating terms and conditions of supervised release (prior conviction for second degree child sex abuse (attempted); controlled substance offenses, theft, failure to register) | Federal Medical Center | Federal Medical Center Devens | Yes | First Step Act, 18 U.S.C. § 3582(c)(1)(A) | Compassionate release granted to individual with severe health conditions in Federal Medical Center. Defendant had prior supervised release violations. Defendant had two months remaining on his sentence, suffered from cardiac and pulmonary conditions, and facility had confirmed Covid-19 outbreak. Exhaustion was satisfied at the time of decision. | ||||||||||||
74 | United States v. Childs, No. 19-CR-00181 (DCC), 2020 WL 1910097 (D.S.C. Apr. 20, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made But Case Still Pending | https://drive.google.com/open?id=1R-GYA2kEiR-HKY5I5KeTw5yjBPLkq9E7 | South Carolina | Federal District Court | D.S.C. | 4/20/2020 | Motion Granted | Yes | $50,000 bond; GPS monitoring and home confinement; release until COVID crisis abates and defendant is sentenced. | Pretrial Detention [jail], Pre-Existing Health Conditions | Diabetes, Hypertension (high blood pressure), Obesity, gout | Obesity (37.3) | No | Conspiracy to Possess with Intent to Distribute Controlled Substances (pending sentencing) | Local / County Jail | Spartanburg County Detention Center | Not Discussed | Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143, Mandatory Detention Act of 1990 | Granted release on bond pending sentencing for Defendant who had pled guilty to conspiracy to possess with intent to distribute controlled substances. Although Defendant was required to be detained pending sentencing under the Mandatory Detention Act of 1990, the court found that Defendant fell within a "generalized exception" to the MDA, as he did not pose a threat to the community and his COVID-risk health conditions provided exceptional reasons favoring release. Defendant had several serious health conditions, including hypertension, gout, diabetes, and obesity (BMI of 37.3). | |||||||||||||
75 | United States v. Childs, No. 2_18-cr-00069, Dkt. No. 71 (E.D. Wis. May. 29, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made | https://drive.google.com/open?id=1Dh5QlJvWavIZq-Hwbl2exOgjJFAl1j8w | Wisconsin | Federal District Court | E.D. Wis. | 5/29/2020 | Motion Denied | No | Post-Conviction Detention [jail or prison] | Asthma, High Cholesterol, Hypertension (high blood pressure) | The Court disagreed with Defendant and did not find that there was sufficient evidence of asthma, and even if present, it was not "severe". | Not discussed | Sex trafficking that involved force. | Local / County Jail | Waukesha County Jail | Yes | Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142, Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143 | Post-plea, pre-sentencing individual requested that his bond hearing be reopened under § 3142. The court held: (1) while § 3142 was not the correct statute, even if it did apply, there was not a "compelling reason" for to reopen detention and release under § 3142; and (2) under § 3143, individual was a danger to the community. | ||||||||||||||
76 | United States v. Christopher Williams, No. 8:19-cr-00134 (D. Md. June 10, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1iuU_VkViFrRasPgwLwYawSVxspd9hWos | Maryland | Federal District Court | D. Md. | 6/10/2020 | Motion Granted | Yes | An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request. | Seven months home confinement with location monitoring; followed by three years of supervised release. Mr. Williams is also required to participate in vocational training and will be required to comply with all directives of federal and state governments related to COVID-19. | Post-Conviction Detention [jail or prison] | Obesity | Obesity (BMI 32.5) | Yes | Violation of 21 U.S.C. § 841(b)(1)(C) for possession with the intent to distribute cocaine | Local / County Jail | Correctional Treatment Facility (“CTF”) in Washington, DC | Yes | First Step Act, 18 U.S.C. § 3582(c)(1)(A) | The court granted Williams' motion for compassionate release due to William's obesity (BMI of 32.5), which is a CDC risk category for COVID-19 and the fact he contracted the virus in May while in jail. In addition, the court noted the documented failures of the District of Columbia Department of Corrections (“DOC”) to prevent the spread of COVID-19 in its facilities. See Banks v. Booth, CCK-20-849, 2020 WL 1914896 (D.D.C. Apr. 19, 2020). In particular to Mr. Williams' condition, judges in other circuits have found obesity as a contributing factor in analyzing an extraordinary and compelling reason for compassionate release during COVID-19. The court also held Mr. Williams is not a danger to the community because he has no history of violent convictions and will be sufficiently supervised in the community. | ||||||||||||
77 | United States v. Christy, No. 3_18-cr-00223, Dkt. No. 278 (M.D. Pa. May. 29, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made | https://drive.google.com/open?id=1Cuj2ThGjDGZrm5x1EScwDBzWmy4OU5p- | Pennsylvania | Federal District Court | M.D. Pa. | 5/29/2020 | Motion Denied | No | Pretrial Detention [jail] | Heart condition, Lyme Disease, Weight Loss | Yes | Threatening the President of the United States; transmitting threatening communications; interstate transportation of stolen vehicles; interstate transportation of stolen firearms; interstate transportation of a firearm while under indictment for a felony offense; possession of a firearm by a fugitive from justice; possession of a firearm by a convicted felon | Local / County Jail | Lackawanna County Prison | Yes | Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143, 18 U.S.C. § 3145(c) | The court denied a motion for bail pending sentencing. Individual did not meet standard of showing he was not a risk to the community under § 3143 and even if he had, he would not have met exceptional circumstances standard under § 3145 since he lacked documentation for his medical conditions. | |||||||||||||||
78 | United States v. Clark, No. 19-40068-01-HLT, 2020 WL 1446895 (D. Kan. Mar. 25, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made | https://drive.google.com/open?id=16k-e7OxKcXTWdlTjyrhDSqSwOs6pXXQH | Kansas | Federal District Court | D. Kan. | 3/25/2020 | Motion Denied | No | Pretrial Detention [jail], Pre-Existing Health Conditions | Diabetes | No | Conspiring to manufacture, distribute, and possess with the intent to distribute substantial quantities of fentanyl and heroin (and derivatives thereof); Being responsible for death from a drug overdose (obtained due to the conspiracy) | Attempted murder; Aggravated battery with a firearm; Possession of a firearm; Felony unlawful restraint; Domestic battery; Felony property damage; Threatening a police officer | Federal Detention Center [typically federal pretrial detention] | Leavenworth Detention Center | No | Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142 | The court denied an individual's petition for release under § 3142 of the Bail Reform Act. Petitioner is diabetic and awaiting trial on charges conspiring to sell heroin; he was denied bail due to being considered a flight risk and danger to the community. The detainee argued that his diabetes, combined with the risk of contracting COVID-19 while in custody, weighed in favor of him being released. However, the court rejected this argument, noting that there was no evidence of COVID-19 infections at the detention facility and that numerous steps were being taken by CoreCivic, who operated the privately run facility, to ensure the safety of detainees including testing, quarantine measures, and implementation of sanitation best practices. The court also held that petitioner's plan to reside with his mother in Chicago via electronic monitoring would not mitigate his risk of infection, given that "if he remains at CoreCivic he has access to around-the-clock medical care, [and] the facility is staffed and trained to contain or treat the virus if necessary." | ||||||||||||||
79 | United States v. Clark, No. 4:08-CR-00096, 2020 U.S. Dist. LEXIS 105896 (S.D. Iowa June 17, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1eZurk5KkqjHcytJutToxxzoeJg6Y6fCi | Iowa | Federal District Court | S.D. Iowa | 6/17/2020 | Motion Granted | Yes | Has a significant criminal history | An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request. | Shall reside at the home of his mother; maintain legitimate employment | Post-Conviction Detention [jail or prison], Significant Criminal History, Pre-Existing Health Conditions | Asthma, Hypertension (high blood pressure) | Asthma (moderate to severe) | No | Distributing crack cocaine with a prior conviction | Federal Prison | United States Penitentiary Leavenworth | No | First Step Act, 18 U.S.C. § 3582(c)(1)(A), First Step Act Exhaustion | The court granted Clark’s motion for compassionate release due to his underlying health conditions, including moderate-to-severe asthma and hypertension, and because he only had a few months left on his sentence. The court noted Clark's “spotless” disciplinary record while incarcerated and the risk of COVID-19 spreading in prisons, even though a case had not been reported at the facility in which Clark was incarcerated. The court also noted Clark’s significant criminal history when he was younger but found that Clark had shown he had changed and been rehabilitated. | |||||||||||
80 | United States v. Cohen, No. 1:18-cr-00602-WHP (S.D.N.Y. Mar. 24, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made | https://drive.google.com/open?id=1D7GMG7ejsPioTuwRL6bmhoi2t-b5kxMx | New York | Federal District Court | S.D.N.Y. | 3/24/2020 | Motion Denied | No | Post-Conviction Detention [jail or prison] | Not discussed | Not Discussed | Fed. R. Civ. P. 35(b) | The court denied Mr. Cohen's motion for a reduced or modified sentence. The court reasoned that Mr. Cohen's invocation of Rule 35(b) was improper as only a prosecutor could file a Rule 35(b) motion. The court dismissed Mr. Cohen's argument that COVID-19 justified a modification of his sentence to home confinement. The court found Mr. Cohen "manifestly ineligible" for compassionate release and held that he had not exhausted his administrative remedies. | |||||||||||||||||||
81 | United States v. Coker, No. 3:14-CR-085_868, Dkt. 868 (E.D. Tenn. Apr. 15, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1WwlIwrmAhKvOfZoqi-Vn_NmyXMYe6I9S | Tennessee | Federal District Court | E.D. Tenn. | 4/15/2020 | Motion Granted | Yes | An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request. | Check in with probation officer via telephone; Waive employment condition | Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Lung Disease | Lung disease (COPD, Oxygen dependent) | Not discussed | Conspiracy to manufacture methamphetamine | Federal Prison | FMC Carswell | Not Discussed | First Step Act, 18 U.S.C. § 3582(c)(1)(A), First Step Act Exhaustion | The Court granted the Defendant’s Compassionate Release request. The Defendant suffers from COPD, is dependent on oxygen, and is confined to a wheelchair. Additionally, the Court held that even though she had not mentioned COVID-19 in her CR request to the warden, because her previous request mentioned her health conditions and thirty days had passed since her previous request, the Court had the authority to address the CR request. | ||||||||||||
82 | United States v. Cole, No. CR-08-00102-001-PHX-SRB (D. Ariz. Apr. 13, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made But Case Still Pending | https://drive.google.com/open?id=1jgRDB_N2r3mefAbVuZtP0sZSRTHHHNFC | Arizona | Federal District Court | D. Ariz. | 4/13/2020 | Motions Partially Granted | Post-Conviction Detention [jail or prison], Parole or Probation Violations | No | Not specified, but implied to be either child pornography or illegal sexual contact with a minor | Halfway House | Dismas Charities | Not Discussed | The court partially granted the motion to reconsider the modified conditions of release, by suspending the requirement that the individual had to remain at a residential re-entry facility for 180 days, but maintaining that he not be allowed to have any contact with minors. The court suspended release to a "halfway house" because there would be an increased risk of infection with COVID-19 at such a facility, even with enhanced sanitation procedures. The court, however, also rejected the claim made by the individual that he did not have a proper understanding of the modified order and that it was done solely on the basis of a failed polygraph test, noting that "[i]n the probation officer’s memorandum to the Court accompanying the Waiver and Order, specific instances of use of pornography, untruthfulness in treatment and with Defendant’s probation officer and his high-risk behavior regarding proximity contact with minor females were detailed." The court ordered the incarcerated individual and the probation officer to come to terms in modifying conditions of release. | ||||||||||||||||||
83 | United States v. Collins, No. CR CCB-10-336, 2020 WL 1506176 (D. Md. Mar. 30, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=16byosutBobaD4qYw6zA7Mesi0XK6R_3u | Maryland | Federal District Court | D. Md. | 3/30/2020 | Motion Granted | Yes | Has a significant criminal history, Was sentenced as a Career Offender under the U.S. Sentencing Guidelines | Home confinement; supervision by the Probation Office for a substantial period of time | Post-Conviction Detention [jail or prison] | Not discussed | Conspiracy to distribute and possess with intent to distribute both 50 grams or more of crack cocaine and 5 kilograms or more of powder cocaine within 1000 feet of a public housing facility; robbery conviction in 1999; two drug convictions in 2003 and 2004 | Halfway House | Volunteers of America | Not Discussed | First Step Act, 18 U.S.C. § 3582(c)(1)(A) | The court granted Tony Collins’ motion seeking compassionate release under the First Step Act of 2018. Weighing against Collins' application was that he was sentenced as a career offender (due to convictions for conspiracy to distribute 50 grams or more of crack cocaine and 5 kilograms or more of powder cocaine within 1000 feet of a public housing facility, 1999 robbery conviction, two drug convictions in 2003 and 2004). Nevertheless, since Collins had served most of his sentence (10 years out of 160 months) and had shown rehabilitative progress while in the BOP (successfully completed significant drug programs, maintained employment while incarcerated, limited number of infractions, reentry plan), the court found that the factors overall favored release. Lastly, the court also considered the effects of the COVID-19 pandemic in granting release, although Collins did not have preexisting health conditions and was therefore not especially susceptible to the effects of the virus. | ||||||||||||||
84 | United States v. Colvin, No. 3:19-cr-179 (JBA), 2020 WL 1613943 (D. Conn. Apr. 2, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1dp6xcQ36P-j_s-umzf2IG-cTN7CSg2Ta | Connecticut | Federal District Court | D. Conn. | 4/2/2020 | Motion Granted | Yes | Exhaustion is subject to equitable exceptions. | Self-quarantine for fourteen (14) days. If her physicians determine she needs to be tested she must comply. Leaves questions of electronic monitoring up to US Probation Office. | Pre-Existing Health Conditions | Diabetes, Hypertension (high blood pressure) | No | Mail fraud in violation of 18 U.S.C. § 1341 | Federal Detention Center [typically federal pretrial detention] | FDC Philadelphia | Not Discussed | First Step Act, 18 U.S.C. § 3582(c)(1)(A), First Step Act Exhaustion | Ms. Colvin had diabetes and high blood pressure. She had 11 days left of a 30 days sentence, and had filed to the warden for release less than a week before this motion. The government argued that she should exhaust remedies, and that she did not meet the criteria for sentence reduction, but the court held that Ms. Colvin met all three exceptions to the exhaustion requirement in seeking compassionate release, and also met the criteria for extraordinary and compelling reasons for reduction in sentence. The court reduced her sentence to time served and required her to begin the home confinement and supervised release portion of her sentence. | |||||||||||||
85 | United States v. Common, No. 17-cr-30067, 2020 U.S. Dist. LEXIS 108555 (C.D. Ill. June 22, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1LyIN7gBKX3mkoP4T5f6V9HePAkTzBfQw | Illinois | Federal District Court | C.D. Ill. | 6/22/2020 | Motion Granted | Yes | Only served a small portion of their sentence (less than 33%) | Incarcerated individual must be re-tested for COVID-19 (as he already had it once) and must be released within 24 hours of a negative test; will be released from prison and enter into 4 years of supervised release, the first 6 months of which will include mandatory home confinement. Upon being released, he must quarantine for 14 days; "During his term of home confinement, Defendant shall be monitored by telephone until such time as it is practicable to implement electronic monitoring"; must travel home "in a vehicle with three-row seating that allows him to follow the CDC’s social distancing guidelines, which include staying at least six feet from others and wearing a face mask and gloves." | Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Asthma, Hypertension (high blood pressure), Obesity | Asthma (severe), Obesity (BMI not listed) | Yes | [P]ossession with the intent to distribute more than 5 grams of methamphetamine; "possession of a firearm in furtherance of a federal drug trafficking crime" | Federal Prison | FCI Forrest City Low | Yes | First Step Act, 18 U.S.C. § 3582(c)(1)(A), First Step Act Exhaustion, U.S.S.G. § 1B1.13 | The court ruled to grant the incarcerated individual's request for compassionate release under the First Step Act, doing so on the basis of his health issues and the risk of reinfection given how widespread COVID-19 was at the facility he is being held. The individual was convicted of a drug trafficking offense and a related firearms offense; he had a few pre-existing health issues including hypertension, obesity, and severe asthma, and notably, he had already been infected by COVID-19. The court ruled that there was a risk of reinfection given that "the WHO says that '[t]here is currently no evidence that people who have recovered from COVID-19 and have antibodies are protected from a second infection.'” The court specifically noted that "[g]iven the large number of confirmed cases of COVID-19 at FCI Forrest City Low and based on the currently available scientific data, Defendant continues to be at risk of imminent harm based on his underlying medical conditions." As a result, the court determined that the incarcerated individual would be safer in home confinement relative to remaining in prison. | ||||||||||||
86 | United States v. Connell, No. 18-cr-00281-RS, 2020 U.S. Dist. LEXIS 81642 (N.D. Cal. May 8, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | California | Federal District Court | N.D. Cal. | 5/8/2020 | Motion Granted | Yes | Exhaustion is subject to equitable exceptions. | Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Age, High Cholesterol, Hypertension (high blood pressure), Pre-Diabetes | Age: 69 | No | Possession of child pornography | Federal Prison | FCI Lompoc | Yes | First Step Act, 18 U.S.C. § 3582(c)(1)(A), First Step Act Exhaustion | The court granted Connell’s motion for compassionate release due to his underlying health conditions and the fact that FCI Lompoc had the most severe COVID-19 prison outbreak in the country at the time. After an extensive analysis, the court determined that the First Step Act exhaustion requirement was a non-jurisdictional claims processing rule subject to equitable exceptions. The court also noted that it was unlikely Connell would be able to get the medical care he needed at Lompoc in the midst of the pandemic. | ||||||||||||||
87 | United States v. Copeland, No. 2:05-cr-00135-DCN (D.S.C. Mar. 24, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=19DW97ElTq7SJQeW0xim45lGJpLd5slj6 | South Carolina | Federal District Court | D.S.C. | 3/24/2020 | Motion Granted | Yes | Only served a small portion of their sentence (less than 33%), Was sentenced as an Armed Career Criminal under the Armed Career Criminal Act (ACCA) | Supervised Release | Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Cancer, Diabetes, In need of orthopedic surgery | Previously treated for prostate cancer | Not discussed | 21 U.S.C. §§ 841(a)(1), 841(b)(1)(A), and 841(b)(1)(B); 21 U.S.C. §§ 841(a), 841(b)(1)(B), and 841(b)(1)(C); and 18 U.S.C. §§ 922(g)(1), 924(a)(2), and 924(e) | Federal Prison | Not Discussed | First Step Act, 18 U.S.C. § 3582(c)(1)(A) | A 73-year-old diabetic individual requested compassionate release. The court granted the request, citing the individual's age and health conditions, changes to the sentencing regime for his convictions, pandemic, lack of disciplinary infractions, and increased access to healthcare upon release. | |||||||||||||
88 | United States v. Cornish, No. 3:20-CR-00003, 2020 WL 1498841 (E.D. Ky. Mar. 30, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made But Case Still Pending | https://drive.google.com/open?id=1h8wJQ0yDbRNO8mbkSMosrlvmyhkg9qUE | Kentucky | Federal District Court | E.D. Ky. | 3/30/2020 | Motion Denied | No | Pretrial Detention [jail] | Not discussed | Using the Internet to attempt to persuade, induce, entice, and coerce a minor to engage in sexual activity | Federal Detention Center [typically federal pretrial detention] | Not Discussed | Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142, 18 U.S.C. § 3156 | The court ordered the detention of Ricky Cornish per the Bail Reform Act, 18 U.S.C. § 3142, because while the United States failed to establish that Cornish was a flight risk, it proved by clear and convincing evidence that Cornish was an irremediable danger to others and the community. Considering the four factors in § 3142(g), the court emphasized the violent nature of Cornish’s crime, the weight of the evidence of Cornish’s dangerousness, and the danger to the community that would be posed by his release; these factors outweighed the fact that he had no criminal history. Lastly, the court also considered the recent spread of COVID-19 and concluded that the risks of releasing Cornish superseded the pandemic’s health risk to Cornish, as he was not subject to higher risk from COVID-19 than any other individual, and BOP facilities were implementing mitigation measures. | |||||||||||||||||
89 | United States v. Corrigan, No. 3:14-cr-03593-BEN (S.D. Cal. June 10, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1WjnfaA_ANhj6UokbwE64xlMcKmA9kuXD | California | Federal District Court | S.D. Cal. | 6/10/2020 | Motion Granted | Yes | Immediate release from prison; home confinement until December 2022; five year term of supervised release; must quarantine for 14 days upon being released; must contact probation officer within 72 hours of release | Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Not specified | No | Not specified | Not Discussed | First Step Act, 18 U.S.C. § 3582(c)(1)(A) | The court granted the individual's petition for compassionate under the First Step Act, doing so on the basis of his pre-existing health conditions and because the government did not contest his request. Perhaps because of the government's lack of opposition, the court declined to provide specific details of the facts of the case and primarily discussed the conditions of his release. | ||||||||||||||||
90 | United States v. Cosgrove, No. 2:15-cr-00230-RSM, Dkt. No. 95 (W.D. Wash. Apr. 15, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1u5UJDwY5QAsQ718QyPc67FhoYTxVQeX3 | Washington | Federal District Court | W.D. Wash. | 4/15/2020 | Motion Granted | Yes | Three years supervised release | Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Age, Cancer, Cardiac Disease, Medication-Related Immunocompromise, Liver transplant following end-stage liver disease; prior hospitalization for bowel obstruction; degenerative disk disease | Age 70; Cancer (squamous cell carcinoma on face and scalp); Medication-related Immunocompromise (immune suppressants following transplant) | Not discussed | Mail fraud; Wire fraud (two counts) | Federal Prison | FCI Terminal Island | Yes | First Step Act, 18 U.S.C. § 3582(c)(1)(A) | Compassionate release granted to 70 year old individual with liver transplant, squamous cell carcinoma, and history of three heart attacks. Court had previously denied request in March 2020, but conditions at the prison worsened with multiple confirmed COVID-19 cases and BOP guidance changed. | |||||||||||||
91 | United States v. Curtis, No. 1-03-cr-00533-BAH, Dkt. No. 238 (D.D.C. Apr. 22, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1hg-CrrhsR4iew9MlRO5VDz-QdCJoR3Mb | District of Columbia | Federal District Court | D.D.C. | 4/22/2020 | Motion Granted | Yes | Only served a small portion of their sentence (less than 33%), Has a significant criminal history | An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request. | Time served, supervised release conditions from original sentence | Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History | Multiple sclerosis, “has lost 85% of his vision,” and “spends all of his days confined to an electric wheelchair or bed” | Not discussed | Six counts of sex trafficking involving minors | Federal Prison | Not Discussed | First Step Act, 18 U.S.C. § 3582(c)(1)(A), First Step Act Exhaustion | The Court granted the Defendant’s Compassionate Release request. The Defendant had been found guilty of six counts of sex trafficking involving minors and had served 17 years of six terms of life imprisonment. The Court granted release because the Defendant is 85% blind, has multiple sclerosis, is confined to a wheelchair or bed, and has shown a commitment to becoming a man of integrity. Id. at 9. | |||||||||||||
92 | United States v. Dana, No. 14-CR-405 (JMF), Dkt. No. 108 (S.D.N.Y. Mar. 31, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1bHXi9ZXwIsizYzjxwlKebdVTWStiZYxH | New York | Federal District Court | S.D.N.Y. | 3/30/2020 | Motion Granted | Yes | Time served, 5 months home confinement, immediate release. | Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Age, Unspecified health condition (redacted) | Age (60) | No | Conspiracy to distribute narcotics | Local / County Jail | Orange Country Jail | Not Discussed | First Step Act, 18 U.S.C. § 3582(c)(1)(A) | Granted compassionate release for Petitioner, convicted of conspiracy to distribute narcotics. The motion was unopposed by government, and Petitioner successfully argued his age (60) and health conditions (redacted), combined with his nonviolent offense and lack of criminal record, supported release. Petitioner was sentence to 5 months time served on his 1 year sentence and 5 months home confinement. | |||||||||||||
93 | United States v. Daniels, No. 19-CR-00709-LHK (NC), 2020 WL 1815342 (N.D. Cal. Apr. 9, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made | https://drive.google.com/file/d/1a4xhb11lXZZY891CzFmHjBxYNI1eKja_/view?usp=sharing | California | Federal District Court | N.D. Cal. | 4/9/2020 | Motion Granted | Yes | Subject to 24 hour home incarceration to be enforced by location monitoring technology; Will be remanded back to custody on June 9 (subject to further modification); Maintenance of video conferencing to allow for remote monitoring; Must report if he, or any cohabitant, exhibits any symptoms of illness; Must comply with Gov. Newsom's shelter in place order | Pretrial Detention [jail], Pre-Existing Health Conditions | Obesity, PTSD | Obesity (No BMI provided) | No | Felon in possession of a firearm | Prior convictions not specified | Local / County Jail | Santa Rita County Jail | Yes | Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142 | The court granted the individual's motion for pretrial release under § 3142 of the Bail Reform Act. The court ruled that the individual's health conditions (such as severe obesity and PTSD) put him at greater risk for contracting COVID-19, especially given that conditions at the prison made it nearly impossible to socially distance and to adequately sanitize/wash one's hands. The court also noted that while the individual had been previously deemed a "danger to the community," the court's calculus had changed given that "Daniels now has serious, potentially life-threatening incentives to obey the conditions of his release." The court specifically stated that he would be incentivized to follow the judge's orders due to his desire to stay out of jail (for health purposes) and because social contact would only heighten his risk of infection. | ||||||||||||
94 | United States v. Danson, No. CR 10-0051-PLF, 2020 WL 3467887 (D.D.C. June 25, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1QDQSxyhAFnTwqQUBdCn8ofa3KPIWs4ZC | District of Columbia | Federal District Court | D.D.C. | 6/25/2020 | Motion Granted | Yes | Was sentenced as a Career Offender under the U.S. Sentencing Guidelines | Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Smoking, Substance Use Disorder, Unknown Illness (causing fainting, dizziness, vomiting, severe chest and stomach pain, bloody stool, and abnormal blood test results) | No | Conspiracy to participate in a racketeer influenced corrupt organization (“RICO”) | Federal Prison | Federal Medical Center Lexington | Yes | First Step Act, 18 U.S.C. § 3582(c)(1)(A) | The court granted Danson’s motion for compassionate release because he was suffering from some undiagnosed illness possibly of the heart, liver, or kidney that caused fainting, dizziness, vomiting, severe chest and stomach pain, bloody stool, and abnormal blood test results. The court noted that FMC Lexington had one of the worst COVID outbreaks at the time and that if he were sentenced today, Danson would not be considered a career offender. It also emphasized that Danson had taken positive steps towards rehabilitation while incarcerated. | ||||||||||||||
95 | United States v. Davis, No. 2:15-cr-00062, 2020 WL 3443400 (E.D. Cal. June 23, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1RKJ8NILvau2usFxCIXD69bZ97ac1NjVp | California | Federal District Court | E.D. Cal. | 6/23/2020 | Motion Granted | Yes | 36-month term of supervised release and six month home confinement with location monitoring technology, abiding by all technology requirements | Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Age, Hypertension (high blood pressure), Chronic Obstructive Pulmonary Disease (COPD), Atrial Fibrillation, Edema | Age (74) | Not discussed | Laundering monetary instruments, possession with intent to distribute methamphetamine | Federal Prison | Lexington FMC | Yes | First Step Act, 18 U.S.C. § 3582(c)(1)(A) | The court granted compassionate release to a 74-year old individual who suffered from chronic obstruction pulmonary disease, atrial fibrillation, edema, and high blood pressure, finding that his medical conditions, in accordance with CDC guidelines, constituted extraordinary and compelling reasons warranting a sentence reduction. The court found that the individual suffered from “a serious or unrecoverable condition that substantially diminishes his ability to provide self-care within a BOP facility.” The court was not persuaded by the government’s argument that a drug trafficking operation would endanger others in the community through irresponsible social habits, holding that keeping him imprisoned would endanger his health without improving upon the purposes of sentencing. | |||||||||||||
96 | United States v. Delacruz, No. 3:17-CR-201, 2020 WL 3475218 (M.D. Pa. June 25, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made | https://drive.google.com/open?id=1kmcfdyVtqIXX06KiwI6Ptjmq-vJ0KHRs | Pennsylvania | Federal District Court | M.D. Pa. | 6/25/2020 | Motion Denied | No | Post-Conviction Detention [jail or prison] | No | Conspiracy to unlawfully distribute and possession with intent to distribute controlled substances | State Prison | Lackawanna County Prison | No | Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143 | The court denied Delacruz’s motion for temporary release, ruling he had not shown he was not likely to flee or pose a danger to the community if released, and that he had failed to establish exceptional reasons for release. The court ruled the risks posed by COVID-19 were not compelling because his arguments were speculative, as there had not yet been any confirmed cases within the prison and he did not have any underlying health conditions. The court also credited the facility’s efforts to mitigate the risk of COVID-19. | ||||||||||||||||
97 | United States v. Demaria, No. 1:17cr569(ER), 2020 WL 1888910 (S.D.N.Y. Apr 16, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made But Case Still Pending | https://drive.google.com/file/d/1aKkpKWCAf29sTVyj_zBO9bTlZgYLJ0iQ/view?usp=sharing | New York | Federal District Court | S.D.N.Y. | 4/16/2020 | Motion Denied | No | Only served a small portion of their sentence | An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request. | Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Anxiety, Bi-Polar Disorder, Cardiac Disease, High Cholesterol, Obesity, Chronic back pain, pre-diabetes | Obesity (38.6 BMI) | No | Conspiracy to Commit Wire Fraud | Federal Prison | FMC Lexington | No | First Step Act, 18 U.S.C. § 3582(c)(1)(A), First Step Act Exhaustion | Compassionate release motion denied without prejudice for failure to exhaust. Defendant, 35, suffered from chronic back pain, obesity, pre-diabetes, bipolar disorder, anxiety, and had a prior heart attack. On renewed motion after 30 days, release was granted due to increasing COVID cases at FMC Lexington. Defendant was sentenced to time served on his 3 year sentence, of which he had served 23.5%, and 3 years of supervised release.” | ||||||||||||
98 | United States v. Dencklau, 20-cr-00319, No. 373 (D. Or. May. 28, 2020) | Criminal (Federal Custody) | Release | Individual | No | Decision Made But Case Still Pending | https://drive.google.com/open?id=1Bh89WKTW3-3LeVOnbQTohhDATOsbpnY7 | Oregon | Federal District Court | D. Or. | 5/28/2020 | Motion Denied | No | Pretrial Detention [jail] | No | Racketeering Conspiracy; Murder in Aid of Racketeering; Kidnapping in Aid of Racketeering, Resulting in Death; Kidnapping, Resulting in Death; and Conspiracy to Commit Kidnapping, Resulting in Death | Local / County Jail | Columbia County Jail | No | Bail Reform Act, Bail Pending Trial, 18 U.S.C. § 3142 | The court denied the petitioner's motion for pre-trial release and held that Covid-19 was not a "compelling reason" for temporary release because the defendant did not describe the dangers in his facility and there were no confirmed cases in his facility, such that “any risk to Mr. Dencklau is purely speculative.” In addition, the court held that the “nature and seriousness of the risk he poses to the community is significant” because he was a “member of the Gypsy Jokers motorcycle gang, charged with the intentional murder of an associate with that gang, and it has also been alleged that he solicited the murder of a cooperating witness.” | ||||||||||||||||
99 | United States v. Dillard, No. 1:15-CR-00170-SAB, 2020 U.S. Dist. LEXIS 90818 (D. Idaho Apr. 28, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made | https://drive.google.com/open?id=1SxiUGfCrKK3y8P2e_WFItVoxhf4FGweK | Idaho | Federal District Court | D. Idaho | 4/27/2020 | Motion Granted | Yes | An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request., An individual does not need to “issue exhaust” (i.e., does not need to mention covid-19 in their application to the warden in order to rely on it in the motion to the court). | Limited access to the internet, as appropriate | Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Cognitive Disability, Diabetes, Hypertension (high blood pressure), Obesity, Schizophrenia, Lung Disease (COPD) | Lung Disease (COPD) | No | Possession and Access with Intent to View Child Pornography | Federal Prison | FCI Terminal Island | Yes | First Step Act, 18 U.S.C. § 3582(c)(1)(A), First Step Act Exhaustion | The court granted Dillard’s motion for compassionate release due to his various underlying health conditions, as well as the fact that the prison he was incarcerated in was overcrowded and COVID-19 was already spreading. The government argued that Dillard had only served less than half of his sentence and had yet to receive sex offender treatment. The court ruled that he would not be a danger to the community as long as his internet access was monitored and that he could begin treatment outside of prison when it was safe to do so. | ||||||||||||
100 | United States v. Doshi, No. 13-cr-20349 (AJT), Dkt. 153 (E.D. Mich. May 20, 2020) | Criminal (Federal Custody) | Release | Individual | Yes | Decision Made But Case Still Pending | https://drive.google.com/file/d/1vlPnm94z-IisSump-1obEM4X3hij1GER/view?usp=sharing | Michigan | Federal District Court | E.D. Mich. | 5/20/2020 | Motion Granted | Yes | Exhaustion is subject to equitable exceptions. | Time served | Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions | Age, Asthma, Diabetes, Hypertension (high blood pressure), coronary artery syndrome | Age (64); Asthma (Chronic) | No | Health care fraud conspiracy and health care fraud under 18 U.S.C. §§ 1349 & 1347. | Federal Prison | FCI Morgantown | No | First Step Act, 18 U.S.C. § 3582(c)(1)(A), First Step Act Exhaustion, 18 U.S.C. 3642(c); 18 U.S.C. § 3621(b). | The court initially granted a non-binding judicial recommendation for home confinement for individual convicted of health care fraud conspiracy and health care fraud. The court found Doshi was not a risk if released and his health conditions (asthma, age, hypertension, diabetes, and coronary artery syndrome) favored release. Subsequently, BOP denied the recommendation, and Doshi moved for compassionate release under the First Step Act, which the court granted for the same reasons as its recommendation for release. The court found the exhaustion requirement to be flexible, and allowed Doshi to proceed despite not having appealed his petition to the BOP. | ||||||||||||