Petitioner moved for compassionate release, arguing that his age (41) and race (African American) put him at risk of contracting COVID-19. The district court rejected the petitioner's arguments and denied compassionate release. The court noted that "[w]hile the 'risk for severe illness from COVID-19 increases' as a person’s age increases, '[t]he greatest risk for severe illness from COVID-19 is among those aged 85 and older.'", The court acknowledged that there is an "increased incidence of infection among African Americans," but held that "[w]hile certainly upsetting, that fact does not indicate a biological link that would make Brooks more susceptible to contracting COVID-19 than his white counterparts at FCI Beaumont Low."
United States v. Brooks, No. 3:11-cr-00067-DPJ-LRA (S.D. Miss. Sept. 17, 2020)
DETAILS
Decision
Date
09/17/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Mississippi
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison]
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
3:11-cr-00067-DPJ-LRA
MORE CASE INFORMATION
Court Name
S.D. Miss.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Beaumont Low
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Legal Authority
U.S.S.G. § 1B1.13
Convictions
Petitioner was convicted on four drug-trafficking counts and had been sentenced to 181 months of incarceration. At the time of the decision, petitioner had served 133 months.
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.
Pre-Existing Health Conditions Notes
Petitioner argued that his age (41) and race (African American) were "personal risk factors" but the rejected his argument, holding that neither factor was indicative of petitioner’s risk of contracting COVID-19.
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.
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.