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.
Poulios v. United States, No. 2:09-cr-00109-RAJ-TEM, Dkt. 26 (E.D. Va. April 21, 2020)
DETAILS
Decision
Date
4/21/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Other, Release, Delaying Reporting
Type of Court
Federal District Court
Location
Virginia
Type of Case
Individual
Case Characteristics
Elderly, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Two counts of bank robbery, Credit card fraud and credit card theft, Violating supervised release
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
Exhaustion is subject to equitable exceptions.
Pre-Existing Health Conditions
Age, Asthma, Cardiac Disease, Diabetes, Hypertension (high blood pressure), Liver Disease, Medication-Related Immunocompromise, Other, "Serious medical concerns" not specified
Pre-Existing Health Conditions Notes
Age (65)
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
Not Discussed
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