Petitioner moved for compassionate release due to the COVID-19 pandemic and increased health risks posed by his throat cancer, hepatitis B, and cirrhosis of the liver. Petitioner was sentenced to a 100-month term of imprisonment. Petitioner's projected release data is May 12, 2022. The petitioner had previously contracted COVID-19 and several individuals at the facility died due to COVID-19. Despite this, the court denied the motion for compassionate release. Specifically, the court held that "[t]he COVID-19 pandemic cannot alone justify compassionate release" and that the petitioner's pre-existing health conditions were presently not severe enough to warrant release. The court also held that the petitioner failed to show that he would not be a danger to the community if released, citing the petitioner's criminal history (possession of firearms, evidence of possession/distribution of methamphetamine, and prior conviction for methamphetamine manufacturing offenses).
United States v. Brewster, No. 3:15-cr-00104 (E.D. Tenn. Sept 17, 2020)
DETAILS
Decision
Date
9/17/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Tennessee
Type of Case
Individual
Case Characteristics
Pre-Existing Health Conditions, Significant Criminal History
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
3:15-cr-00104-RLJ-HBG
MORE CASE INFORMATION
Court Name
E.D. Tenn.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Butner Medium I
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Petitioner was convicted for felon in possession of firearms and methamphetamine manufacturing.
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., Other, COVID-19 pandemic alone cannot justify compassionate release.
Pre-Existing Health Conditions
Age, Cancer, Hepatitis, Liver Disease
Pre-Existing Health Conditions Notes
Age (55); Cancer (throat); Hepatitis (Hepatitis B); Liver disease (cirrhosis); Previously contracted COVID-19 but was asymptomatic
COVID-19 Positive or Symptomatic
Yes
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.