U.S. v. Colvin (D. Conn.) - Decision: Compassionate Release/Sentence Reduction Granted - Exceptions to Exhaustion - Extraordinary and Compelling Reasons
Ms. Colvin had diabetes and high blood pressure. She had 11 days left of a 30 days sentence, and had filed to the warden for release less than a week before this motion. The government argued that she should exhaust remedies, and that she did not meet the criteria for sentence reduction, but the court held that Ms. Colvin met all three exceptions to the exhaustion requirement in seeking compassionate release, and also met the criteria for extraordinary and compelling reasons for reduction in sentence. The court reduced her sentence to time served and required her to begin the home confinement and supervised release portion of her sentence.
United States v. Colvin, No. 3:19-cr-179 (JBA), 2020 WL 1613943 (D. Conn. Apr. 2, 2020)
DETAILS
Decision
Date
4/2/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Class Certification, Implementing Release Procedures, Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Connecticut
Type of Case
Individual
Case Characteristics
Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
Yes
Compassionate Release Case
Yes
Case Tracking Number
19-cr-179-JBA
MORE CASE INFORMATION
Court Name
D. Conn.
Decision
Motion Granted
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Name of Facility
FDC Philadelphia
Legal Authority
Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143, First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, § 2241 Habeas, Fed. R. App. P. 23(d)
Release Conditions
Self-quarantine for fourteen (14) days. If her physicians determine she needs to be tested she must comply. Leaves questions of electronic monitoring up to US Probation Office.
Convictions
Mail fraud in violation of 18 U.S.C. § 1341
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
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