Petitioner filed a motion for compassionate release, arguing that conditions at FCI Milan increased his chance of contracting COVID-19 and that his obesity and history of kidney disease increased his risk of complications from COVID-19 if he were to contract it. The Court denied Petitioner's motion. Although Petitioner had met his exhaustion requirement, the Court found that his health conditions did not constitute "extraordinary and compelling reasons" for his release, particularly in light of the § 3553 sentencing factors. Because Petitioner was an "active internet child pornography distributor" and had served only half of his sentence, the Court found that his release "would not sufficiently reflect the seriousness of his offense, provide just punishment for it, or promote respect for the law."
United States v. Binney, No. 1:12-CR-272, 2020 WL 6203829 (N.D. Ohio Oct. 22, 2020), reconsideration denied, No. 1:12-CR-272, 2020 WL 7711135 (N.D. Ohio Dec. 29, 2020)
DETAILS
Decision
Date
10/22/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Ohio
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
1:12-CR-00272-JG
MORE CASE INFORMATION
Court Name
N.D. Ohio
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Milan
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Convicted of receiving and distributing child pornography in violation of 18 U.S.C. § 2252(a)(2).
Case Status
Decision Made But Case Still Pending
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
Kidney Disease, Obesity
COVID-19 Positive or Symptomatic
Not Discussed
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.
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.