U.S. v. Brewington (W.D. Va.) - Compassionate Release Grant - Incapacitation of Caretaker of Minor Child
The court granted a motion for compassionate release where the individual's mother, who had been the primary caretaker of his minor child, had become incapacitated. Without discussing the COVID-19 pandemic, the court found that these circumstances constituted "extraordinary and compelling" reasons to grant release, as specified in USSG 1B1.13 cmt. n.1(C) (2018). The court further found that release would not adversely affect public safety, as the individual's release date was in a few months and he would then be subject to a long period of supervision.
United States v. Brewington, No. 2:12-cr-00009 (JPJ), Dkt. No. 279 (W.D. Va. May 5, 2020)
DETAILS
Decision
Date
05/11/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Virginia
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison]
Release Granted
Yes
Compassionate Release Case
Yes
Case Tracking Number
2:12-cr-00009-007-JPJ
MORE CASE INFORMATION
Court Name
W.D. Va.
Decision
Motion Granted
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Legal Authority
U.S.S.G. § 1B1.13
Release Conditions
Four months' home incarceration with an exception for approved employment, emergency medical care for himself or his mother or child, or other approved absences; and must obey any and
all directives of the State or other public authority of his place of residence designed to limit COVID-19 infection.
Convictions
21 U.S.C. §§ 846, 841(b)(1), & 841(b)(2) Conspiracy to distribute controlled substance; 18 U.S.C. § 924(c) Knowingly used and carried a firearm during a drug trafficking crime.
Case Status
Decision Made
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.
COVID-19 Positive or Symptomatic
Not Discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
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.