Barnes sought compassionate release and asked to serve the remainder of his sentence on home confinement in light of COVID-19 and being diagnosed with Psychogenic Non-Epileptic Seizures (“PNES”). The court found that PNES is not a “terminal illness” or “serious physical or medical condition” that would constitute an extraordinary or compelling circumstance. However, due to Barnes’ lengthy criminal history – which includes parole violations – the court denied his motion since he would be considered a danger to others or the community if released. The court noted that the area where Barnes was arrested has a serious gun violence problem.
United States v. Barnes, No. 1:18-CR-20675, 2020 WL 5769092 (E.D. Mich. Sep. 28, 2020)
DETAILS
Decision
Date
9/28/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Michigan
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
1:18-cr-20675-TLL-PTM
MORE CASE INFORMATION
Court Name
E.D. Mich.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Oxford
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Conviction for attempted delivery of cocaine in 2012, sentenced to one year in custody and 5 years probation. While in custody in 2014, convicted of being a prisoner in possession of a weapon. 2017 convicted for tampering with an electronic monitoring device after he cut off his tether. 2018, current offense, felon in possession of a firearm sentenced to 36 months imprisonment.
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
Other, Psychogenic Non-Epileptic Seizures (PNES)
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.