The court denied an individual's motion to correct his sentencing based on Fed. R. Civ. P. 35(a). Despite the fear that continued incarceration might expose the individual, at age 55, to COVID-19, the court found no clear error in its prior sentence, as it had considered all statutory factors, which included § 3553(a)(2)(D), the need for the sentencing to provide adequate medical care.
United States v. Bryant, No. 06-cr-00017, 2020 WL 1435066 (S.D.N.Y. Mar. 24, 2020)
DETAILS
Decision
Date
3/24/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
No
Case Tracking Number
06-cr-00017-LTS
MORE CASE INFORMATION
Court Name
S.D.N.Y.
Decision
Motion Denied
Place of Incarceration
Local / County Jail
Legal Authority
Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143, First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, 18 U.S.C. § 3553(a)(2)(D), Fed. R. Civ. P. 35(a)
Convictions
Distribution of 50 or more grams of crack cocaine, distribution of 24.5g of the same, and distribution of 49g of the same
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
Exhaustion is subject to equitable exceptions.
Pre-Existing Health Conditions
Age, Asthma, Diabetes, High Cholesterol, Hypertension (high blood pressure), Other, kidney stones, back pain, hearing loss, surgery of abdominal aortic aneurysm
Pre-Existing Health Conditions Notes
Age (55)
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.