The court denied compassionate release to Mr. Allums because he did not present "extraordinary and compelling" reasons for release. It found that Mr. Allums did not show that his hypertension or asthma were serious enough to warrant a release. It also concluded that modifying his sentence would "disserve the sentencing factors" in 18 U.S.C. § 3553(a), citing that Allums only served half of his sentence and was a long-time participant in a drug organization, although Allums had no history of violence.
United States v. Allums, No. S6 15-CR-153 (VSB), 2020 WL 5796265 (S.D.N.Y. Sept. 29, 2020)
DETAILS
Decision
Date
09/29/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
1:15-CR-153-VSB
MORE CASE INFORMATION
Court Name
S.D.N.Y.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Loretto
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
conspiring to distribute and possess with intent to distribute controlled substances under 21 U.S.C. § 841(a)(1)
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.
Pre-Existing Health Conditions
Asthma, Hypertension (high blood pressure)
Pre-Existing Health Conditions Notes
Asthma (severity disputed)
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
Yes
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.
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