Petitioner filed a motion for compassionate release under the First Step Act, arguing that his Type II Diabetes, obesity, and hypertension left him at a high risk of COVID-19 complications while incarcerated. The court found that Petitioner met his exhaustion requirement because, although he had not exhausted all his administrative rights to appeal the Bureau of Prisons' failure to bring a motion for compassionate release on his behalf, he had filed his motion more than 30 days after serving a request to the warden. The Court further found that Petitioner's health conditions created "extraordinary and compelling reasons" to grant release. However, the Court ultimately denied Petitioner's motion on the grounds that the sentencing factors of § 3553(a) did not support Petitioner's release due to the gravity of his criminal offense, the short amount of time he had served of his sentence, and the continued risk he would pose to the community if released.
United States v. Benge, No. 6:12-59-KKC, 2020 WL 5845892 (E.D. Ky. Oct. 1, 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
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Conspiracy to distribute oxycodone
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.
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.