On January 8, 2020, Petitioner was sentenced to 13 months imprisonment for wire fraud, but was released to home confinement on May 20, 2020. Petitioner then filed a motion for compassionate release and a sentence reduction on the grounds that had she stayed in prison, she would have been eligible for release in October 2020 and that she could have participated in BOP programming to further reduce her sentence. The Court denied this motion, finding that Petitioner had not filed an appropriate request to the warden of her facility and therefore had not met the First Step Act's exhaustion requirement. The Court also found that her complaints were a natural consequence of her requested home confinement, and therefore do not qualify as "extraordinary and compelling reasons" to justify compassionate release.
United States v. Childs, No. 2:19-CR-67-DBH, 2020 U.S. Dist. LEXIS 177045 (D. Me. Sep. 23, 2020)
DETAILS
Decision
Date
09/23/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Other, Release, Reduction of sentence
Type of Court
Federal District Court
Location
Maine
Type of Case
Individual
Case Characteristics
Other, currently released to home confinement
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
2:19-CR-00067-DBH
MORE CASE INFORMATION
Court Name
D. Me.
Decision
Motion Denied
Place of Incarceration
Home Detention / House Arrest
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Wire fraud
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.
COVID-19 Positive or Symptomatic
Not Discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
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