The motion at issue requested that the individual be released under the First Step Act, based on his pre-existing health issues (his age of 66, hypertension, and high cholesterol), and the conditions of the prison where he was being held, where there had been widespread transmission of COVID-19. The motion noted that Mr. Brannan had tried but failed to obtain an administrative remedy (and thus satisfied the statutory exhaustion requirement). It also argued that he was not a danger to the community, noting that this was his first offense and stating that "he is a non-violent offender confined in a minimum-security camp and poses a low risk of recidivism." The court ultimately granted the motion and released Mr. Brannan into home confinement.
DETAILS
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Texas
Type of Case
Individual
Case Characteristics
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Case Tracking Number
4:15-cr-00080
MORE CASE INFORMATION
Court Name
S.D. Tex.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Oakdale II
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
Three years of supervised, including one year of home confinement via electronic monitoring.
Convictions
Bank fraud
Case Status
Decision Made
Date of Legal Filing
4/2/2020
Pre-Existing Health Conditions
Age, High Cholesterol, Hypertension (high blood pressure)
Pre-Existing Health Conditions Notes
Age (66)
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
Yes
Summary for Legal Filings or Templates
The motion at issue requested that the individual be released under the First Step Act, based on his pre-existing health issues (his age of 66, hypertension, and high cholesterol), and the conditions of the prison where he was being held, where there had been widespread transmission of COVID-19. The motion noted that Mr. Brannan had tried but failed to obtain an administrative remedy (and thus satisfied the statutory exhaustion requirement). It also argued that he was not a danger to the community, noting that this was his first offense and stating that "he is a non-violent offender confined in a minimum-security camp and poses a low risk of recidivism." The court ultimately granted the motion and released Mr. Brannan into home confinement.
Name of Attorney Legal Filings or Templates
Josh Schaffer
Attorneys Email Address
josh@joshschafferlaw.com
Attorney Email Posted on Site
No
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.