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)
Criminal (Federal Charges)
Other, Release, Reduction of sentence
Type of Court
Federal District Court
Type of Case
Other, currently released to home confinement
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Home Detention / House Arrest
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
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
COVID-19 in Jail Prison or Detention Center
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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