Compassionate release granted to individual with substantial criminal record including three felony convictions. Despite his "substantial risk of recidivism," court found that health conditions including severe obesity and congenital heart defects warranted compassionate release, as defendant had served over half his sentence.
United States v. Acoff, No. 3:15-cr-157 (MPS), 2020 WL 2781798 (D. Conn. May 20, 2020).
DETAILS
Decision
Date
5/29/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release, Vacatur
Type of Court
Federal District Court
Location
Connecticut
Type of Case
Individual
Case Characteristics
Elderly, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a significant criminal history, Only served a small portion of their sentence (less than 33%)
Case Tracking Number
15-cr-00157-MPS
MORE CASE INFORMATION
Court Name
D. Conn.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
USP Lewisburg
Legal Authority
Eighth Amendment - Deliberate Indifference
Legal Authority
Antiterrorism and Effective Death Penalty Act (AEDPA) [arises with “second or successive habeas petitions”], CARES Act, Pub. L. No. 116-136, First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, Section 1983, § 2241 Habeas, § 2254 Habeas, 18 U.S.C. § 3553(a)
Release Conditions
Supervised release for remainder of sentence plus four years; home confinement with curfew enforced by location monitoring for six months; 14 days home self-quarantine upon release; must attend at least four sessions of Support Court.
Convictions
Drug distribution; felon in possession of firearm
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
Other, Statutory exhaustion requirement not excusable by the court
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