The court granted the incarcerated individual's request for compassionate release, allowing him to serve out the remainder of his sentence in home custody without electronic confinement. The individual is 73 years old and suffers from numerous health issues that make him suspectible to Covid-19 including Parkinson's disease, diabetes, and asthma. On the issue of exhaustion, the court ruled that while there were no cases in the medical facility he was being detained at, any risk of contracting COVID-19 would put his life in serious jeopardy, and thus any delay could have serious consequences. On the merits, the court ruled that his age, his medical conditions, and the pandemic all "demonstrated extraordinary and compelling reasons justifying his release under section 3582(c)(1)(A)." The court also noted that the incarcerated individual's health had deteriorated since his incarceration, as demonstrated by weight loss of 30 lbs., meaning that "[t]o prolong his incarceration further would be to impose a sentence 'greater than necessary' to comply with the statutory purposes of punishment, and would be unnecessarily cruel."
United States v. Ben-Yhwh, No. CR 15-00830 LEK, 2020 WL 1874125 (D. Haw. Apr. 13, 2020)
Criminal (Federal Charges)
Improved Conditions, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Case
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Compassionate Release Specific Characteristics
Has a significant criminal history, Only served a small portion of their sentence (less than 33%)
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
BOP Medical Center for Federal Prisoners, Springfield, Missouri
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, Section 1983, § 2241 Habeas, U.S.S.G. § 1B1.13
Home confinement without electronic monitoring for remainder of sentence and afterwards four years of supervised release; Must quarantine for 14 days after release; Must report to the USPO, District of Hawai'i (or the federal judicial district in which he intends to reside) within 48 hours of his release from BOP custody.
Attempting to possess with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of cocaine.
Compassionate Release Exhaustion Holdingsin Federal Case
Exhaustion is subject to equitable exceptions., Other, The Bureau of Prisons communicated that because Defendant was not yet in a designated facility there was no one able to process her request. Defendant has effectively exhausted her administrative remedies by petitioning the BOP, giving them notice, and being told she does not have any other administrative remedies.
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.