The court granted compassionate release of the 74-year old individual who suffers from chronic obstruction pulmonary disease, atrial fibrillation, edema, and high blood pressure, finding that his medical conditions, in accordance with CDC guidelines, constitute extraordinary and compelling reasons warranting a sentence reduction. The court found that the individual suffers from “a serious or unrecoverable condition that substantially diminishes his ability to provide self-care within a BOP facility.” The court was not persuaded by the government’s argument that a drug trafficking operation would endanger others in the community through irresponsible social habits and that keeping him imprisoned would endanger his health without improving upon the purposes of sentencing.
United States v. Davis, 2:15-cr-00062, 2020 WL 3443400 (E.D. Cal. Jun. 23, 2020)
DETAILS
Decision
Date
6/23/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
California
Type of Case
Individual
Case Characteristics
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Case Tracking Number
2:15-cr-00062-TLN
MORE CASE INFORMATION
Court Name
E.D. Cal.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
Lexington FMC
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
36-month term of supervised release and six month home confinement with location monitoring technology, abiding by all technology requirements
Convictions
Laundering monetary instruments, possession with intent to distribute methamphetamine
Case Status
Decision Made
Pre-Existing Health Conditions
Age, Other, chronic obstruction pulmonary disease, atrial fibrillation, edema, and high blood pressure
Pre-Existing Health Conditions Notes
Age (74)
COVID-19 Positive or Symptomatic
Not discussed
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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