The court found Smith sufficiently exhausted her administrative rights and granted compassionate release due to Smith's pre-existing health conditions such as obesity, hypertension, osteoarthritis, which placed her in the CDC's high risk category. Additionally, Smith had only two months remaining on her sentence and the court found Smith no longer presented a danger to the community because she did not incur a single disciplinary violation and had maintained a job despite her physical limitations.
United States v. Smith, No. 4:18-cr-00805 (E.D. Mo. Jun. 23, 2020)
DETAILS
Decision
Date
6/23/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Missouri
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Case Tracking Number
4:18-cr-00805-HEA
MORE CASE INFORMATION
Court Name
E.D. Mo.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Pekin, Illinois
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
BOP will place Smith in quarantine for 14 days. If Smith does not exhibit symptoms or does not test positive for COVID-19, she will be released to home confinement. If Smith tests positive or exhibits systems, the government will notify the court to seek an extension of the release date until Smith has tested negative. The court also imposed a supervised release home confinement requirement until August 13, 2020.
Convictions
Theft of Government Funds in violation of 18 U.S.C. § 641; Violating the terms of supervised release
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.
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.