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.
Casey v. United States, No. 4:18-cr-4 (RAJ), 2020 WL 2297184 (E.D. Va. May 6, 2020)
DETAILS
Decision
Date
5/6/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Bond Hearing, Other, Release, Release, Remand to District Court (for release)
Type of Court
Federal District Court
Type of Court
State Appellate Court
Location
Virginia
Type of Case
Individual
Case Characteristics
Elderly, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a significant criminal history, Only served a small portion of their sentence (less than 33%)
Prison quarantine for 14 days; 30 months home confinement
Convictions
Violation of the Lacey Act (led a conspiracy to falsely mislabel seafood)
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
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., Exhaustion is subject to equitable exceptions.
Pre-Existing Health Conditions
Age, Asthma, Cardiac Disease, Other, Medical conditions not specified
Pre-Existing Health Conditions Notes
Age 76
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
Not Discussed
Litigation Database
Crowdsourced legal documents from around the country related to COVID-19 and incarceration, organized, collected, and summarized for public defenders, litigators, and other advocates. Created and managed by Bronx Defenders, Columbia Law School’s Center for Institutional and Social Change, UCLA Law COVID-19 Behind Bars Data Project, and Zealous. Mostly federal court opinions, but now expanding to states and legal filings, declarations, and exhibits.
This resource is designed to help lawyers, advocates, researchers, journalists, and others interested in challenging, remedying, or drawing attention to the grave risk that Covid-19 poses to individuals who are detained.