Bailey was sentenced to a mandatory life sentence for non-violent drug offenses. The court granted his motion for compassionate release, determining he satisfied exhaustion, his medical conditions placed him at a higher risk of contracting COVID-19, and he did not pose a danger to society. The court stated that a reduction in Bailey's sentence furthers of the goals of §3553 as his "current history and characteristics, advanced age and deteriorating heath weigh in favor of his compassionate release."
United States v. Bailey, No. 8:92-cr-0122-JDW, Dkt. No. 650 (M.D. Fla. Jul. 24, 2020)
DETAILS
Decision
Date
7/24/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Florida
Type of Case
Individual
Case Characteristics
Elderly
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Went to trial
Case Tracking Number
8:92-cr-00122-JDW
MORE CASE INFORMATION
Court Name
M.D. Fla.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
Sentence reduced to time served; 10 years of supervised release; 4-month period of home confinement with electronic monitoring; report to probation office within 72 hours of release.
Convictions
Found guilty on 17 counts of conspiracy to possess cocaine and heroine with intent to distribute, distribution of cocaine and heroin, and possession with intent to distribute cocaine and heroin (21 U.S.C. 84, 846). He was sentenced under then-mandatory sentencing guidelines to concurrent life terms. 1979: Previously convicted of two aggravated assaults and was involved int taking two guards and a private attorney hostage in an escape attempt that escalated into a jail riot.
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
Age, Hypertension (high blood pressure), Kidney Disease, Other, hyperlipidemia, cardiac murmur, history of coronary artery disease
Pre-Existing Health Conditions Notes
Age (73); Kidney Disease (stage 3 chronic)
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
Not Discussed
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.
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.