The court granted Clark’s motion for compassionate release due to his underlying health conditions, including moderate-to-severe asthma and hypertension, and because he only had a few months left on his sentence. The court noted Clark's “spotless” disciplinary record while incarcerated and the risk of COVID-19 spreading in prisons, even though a case had not been reported at the facility in which Clark was incarcerated. The court also noted Clark’s significant criminal history when he was younger but found that Clark had shown he had changed and been rehabilitated.
United States v. Clark, No. 4:08-CR-00096, 2020 U.S. Dist. LEXIS 105896 (S.D. Iowa June 17, 2020)
DETAILS
Decision
Date
6/17/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Iowa
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a significant criminal history
Case Tracking Number
4:08-cr-00096-RWP
MORE CASE INFORMATION
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
United States Penitentiary Leavenworth
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
Shall reside at the home of his mother; maintain legitimate employment
Convictions
Distributing crack cocaine with a prior conviction
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.
Pre-Existing Health Conditions
Asthma, Hypertension (high blood pressure)
Pre-Existing Health Conditions Notes
Asthma (moderate to severe)
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
No
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.