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)
Criminal (Federal Charges)
Bond Hearing, Class Certification, Improved Conditions, Preliminary Injunction (PI), Release
Type of Court
Federal District Court
Type of Case
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Compassionate Release Specific Characteristics
Has a significant criminal history, Only served a small portion of their sentence (less than 33%)
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Other, Procedural Due Process (both 14th and 5th Amendments), Eighth and Fifth Amendment - Cruel and Unusual Punishment
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
Rest of sentence reduced to home confinement followed by supervised release; 14 days home quarantine
Investment advisor fraud; filing a false tax return
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
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.
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