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.
Miller v. United States, No. 16-cr-20222 (AJT), 2020 WL 1814084 (E.D. Mich. Apr. 9, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Compassionate Release Specific Characteristics
Has a significant criminal history
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Sixth Amendment - Access to Counsel
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Time served, 14-day quarantine before release.
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).
Compassionate Release Exhaustion Holdingsin Federal Case
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.
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.