Defoggi v. U.S. (D.N.J.) - Motion to Reconsider Habeas Exhaustion Denied
Mr. Defoggi applied to BOP for release to home confinement under the CARES Act on Apr. 5, 2020. This request was denied because he "did not meet the criteria per policy" and two days later he filed his habeas petition. The court denied the petition as he did not exhaust his administrative procedures on June 3, 2020, and Mr. Defoggi then filed then filed a motion for reconsideration. The court denied that motion because there was no need to correct a clear error of law, therefore, reconsideration was not warranted.
Defoggi v. United States, No. 20-cv-3889-NLH, Dkt. No. 20 (D.N.J. Jul. 16, 2020)
DETAILS
Decision
Date
07/16/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Other, Release, Reconsideration of habeas petition
Type of Court
Federal District Court
Location
New Jersey
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison]
Release Granted
No
Compassionate Release Case
No
Compassionate Release Specific Characteristics
Went to trial
Case Tracking Number
1:20-cv-03889-NLH
MORE CASE INFORMATION
Court Name
D.N.J.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Fort Dix
Legal Authority
§ 2241 Habeas, § 2241 Habeas Exhaustion
Convictions
knowingly engaging in a child exploitation enterprise, 18 U.S.C. 2252A(g); conspiracy to advertise child pornography, 18 U.S.C. 2251(d)(1), (e); conspiracy to distribute child pornography, 18 U.S.C. 2252A(a)(2), (b)(1); knowingly accessing a means or facility of interstate commerce to view child pornography, 18 U.S.C. 2252A(a)(5)(B)
Case Status
Decision Made
COVID-19 Positive or Symptomatic
Not Discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
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