Petitioner moved for compassionate release based on his age (41), asthma, and obesity (BMI of 31.1). The court did not find these medical conditions sufficiently compelling to justify release. The court noted that the facility had no COVID cases and emphasized the severity of the petitioner's criminal convictions. The court also acknowledged that the petitioner had only served about 50% of his sentence, which was significantly below the guideline range for the crime convicted of, weighing against release.
United States v. Contreras, 4:17-cr-06022-SMJ-1, 2020 BL 524179 (E.D. Wash. Oct. 15, 2020)
DETAILS
Decision
Date
10/15/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Washington
Type of Case
Individual
Case Characteristics
Pre-Existing Health Conditions, Significant Criminal History
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
4:17-cr-06022-SMJ-1
MORE CASE INFORMATION
Court Name
E.D. Wash.
Decision
Motion Denied
Place of Incarceration
Other
Name of Facility
FCP Sheridan
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Possession With Intent to Distribute 5 Kilograms or More of Cocaine
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
Age, Asthma, Obesity, Other, Pre-diabetes
Pre-Existing Health Conditions Notes
Age (41), BMI (31.1)
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.