The court found Stone sufficiently exhausted his administrative rights and granted compassionate release due to the increased risk of COVID-19 transmission while in prison combined with his health conditions, which included asthma, hypertension, and polycythemia vera (a blood cancer). The court rejected the government's argument that Stone’s medical issues were “under control” right now, finding that the medical conditions nevertheless placed him at greater risk of complications if he contracted COVID-19. Additionally, Stone served nearly all of his sentence and was two months away from his expected release date. The court was also confident Stone was not a danger to the community because he would continue his lifetime supervision and would be supervised by the U.S. Probation Office immediately upon release.
United States v. Stone, No. 2:09-cr-20074 (W.D. Ark. June 23, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Medical Center for Federal Prisoners, Springfield, Missouri
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
One count of distribution of child pornograph in violation of 18 U.S.C. § 2252(a)(2) and (b)(1)
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), Other, Polycythemia Vera (blood cancer)
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
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.