The court granted the petitioner's request for compassionate release on the basis of his serious pre-existing health conditions, including multiple cardiac issues, and the conditions at FCI Butner where he was being held. The petitioner was serving a sentence for possession with intent to distribute of methamphetamine and has a prior history of small-time theft, most of which, according to the judge, was driven by an untreated drug addiction. On the issue of exhaustion, after a lengthy analysis, the court determined that it had the authority to waive exhaustion for equitable purposes and decided to do so here. On the merits, the court ruled that Bess's “severely limited heart function” put him at risk for serious infection, especially given that "the conditions at Butner are exceptionally dangerous" with "50 confirmed inmate and 27 confirmed staff cases of COVID-19." The facility was described as being especially cramped and the court observed a failure to implement effective protocols to ensure safe conditions, noting that "[a]lthough 'the facility had passed out masks to inmates[,] . . . [other] inmates [were] using them only sporadically' and also 'were inconsistent about washing their hands.'"
United States v. Bess, No. 16-CR-156, 2020 WL 1940809 (W.D.N.Y. Apr. 22, 2020)
DETAILS
Decision
Date
4/22/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Elderly, 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
Case Tracking Number
1:16-cr-00156-LJV
MORE CASE INFORMATION
Court Name
W.D.N.Y.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Butner
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, U.S.S.G. § 1B1.13
Release Conditions
Will finish out his sentence in home confinement and then be subject to five years of supervised release; must quarantine for 14 days upon being released from custody
Convictions
Possession with intent to distribute 5 grams or more of methamphetamine; prior criminal history consists of small-time burglary and drug possession
Case Status
On Appeal
Compassionate Release Exhaustion Holdingsin Federal Case
Age (65); has multiple cardiac issues including congestive heart failure, coronary artery disease, and severely depressed ventricular function
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
Yes
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.
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