Petitioner filed a motion for compassionate release after serving 98 months of a 125-month sentence, arguing that prior health conditions, including latent tuberculosis, obesity, and elevated blood pressure, made him particularly susceptible to COVID-19 while incarcerated. The Court denied the motion, finding that Petitioner had failed to demonstrate either that his health conditions were significant enough to make him more vulnerable to a severe case of COVID-19 or that his likelihood of infection was significantly greater inside the prison than outside. The Court further found that the sentencing factors of 18 USC § 3553(a) compelled Petitioner's continued detention to a greater extent than his health conditions compelled his release.
United States v. Cleveland, No. 12-CR-6109-FPG, 2020 WL 5651607 (W.D.N.Y. Sept. 23, 2020), reconsideration denied, No. 12-CR-6109-FPG, 2020 WL 6886559 (W.D.N.Y. Nov. 24, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
FCI Coleman Low
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Conspiracy to possess with the intent to distribute, and to distribute, 5 kilograms or more of a mixture and substance containing cocaine, and 280 grams or more of a mixture and substance containing cocaine base, in violation of 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 841(b)(1)(A); possession of firearms in furtherance of a drug trafficking crime, in violation of 21 U.S.C. § 924(c). 25-year criminal history.
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.