An individual suffering from Type II Diabetes and high blood pressure, was convicted by guilty plea of one count of mail fraud and was sentenced to a term of imprisonment of 30 days, followed by two years of supervised release, the first seven months of which would be served in home detention. She moved for Compassionate Release after eleven days of imprisonment remaining in the sentence. The court granted her motion for Compassionate Release on the ground that all three exceptions to the exhaustion requirement applied to her request and that she demonstrated extraordinary and compelling reasons justifying her immediate release.
United States v. Colvin, 2020 U.S. Dist. LEXIS 57962 (D. Conn. Apr. 2, 2020)
Criminal (Federal Charges)
Class Certification, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Case
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Compassionate Release Specific Characteristics
Only served a small portion of their sentence (less than 33%)
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Name of Facility
Federal Detention Center, Philadelphia
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Defendant was convicted by guilty plea of one count of mail fraud in violation of 18 USC § 1341. She was sentenced to a term of imprisonment of 30 days, followed by two years of supervised release, the first seven months of which shall be served in home detention.
Compassionate Release Exhaustion Holdingsin Federal Case
Exhaustion is subject to equitable exceptions., Other, The Bureau of Prisons communicated that because Defendant was not yet in a designated facility there was no one able to process her request. Defendant has effectively exhausted her administrative remedies by petitioning the BOP, giving them notice, and being told she does not have any other administrative remedies.
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