Compassionate release grant to 75-year-old with underlying medical conditions including asthma and high blood pressure. Court rejected government's argument that individual had waived his right to seek a sentence reduction under 18 U.S.C. § 3582 as part of his plea agreement, since the plea predated the First Step Act. Court also rejected the government's argument that individual had not exhausted because email explicitly requesting release to home confinement did not count as a request for a sentence reduction.
United States v. Burrill, No. 17-CR-00491-RS-1, 2020 WL 1846788 (N.D. Cal., April 10, 2020)
DETAILS
Decision
Date
4/10/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Bond Hearing, Class Certification, Improved Conditions, Preliminary Injunction (PI), Release
Type of Court
Federal District Court
Location
California
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a significant criminal history, Only served a small portion of their sentence (less than 33%)
Case Tracking Number
17-CR-00491-RS-1
MORE CASE INFORMATION
Court Name
N.D. Cal.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Duluth
Legal Authority
Other, Procedural Due Process (both 14th and 5th Amendments), Eighth and Fifth Amendment - Cruel and Unusual Punishment
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Immigration and Nationality Act (INA), Other, § 2241 Habeas, U.S.S.G. § 1B1.13
Release Conditions
Rest of sentence reduced to home confinement followed by supervised release; 14 days home quarantine
Convictions
Investment advisor fraud; filing a false tax return
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, Prior requests (from past years) for conditional release that were denied count towards the exhaustion requirement
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