On appeal, the circuit remanded to the district court for consideration of pretrial temporary release remanded for individual with unspecified medical conditions. The individual was ordered released by the district court (Dkt. 22) and the appeal was subsequently dismissed as moot (Dkt. 24).
United States v. Creek, No. 20-4251, Dkt. No. 18 (4th Cir. Apr. 15, 2020)
DETAILS
Decision
Date
4/15/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Other, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO), Release, Remand to District Court (for release)
Type of Court
Federal Appellate Court
Location
District of Columbia
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Compassionate Release Case
No
Case Tracking Number
20-4251
MORE CASE INFORMATION
Court Name
4th Cir.
Decision
Other
Place of Incarceration
Other, Not specified
Legal Authority
Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
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, Diabetes, Hypertension (high blood pressure), Other, Medical conditions not specified
COVID-19 Positive or Symptomatic
Not discussed
Charges
Not specified
COVID-19 in Jail Prison or Detention Center
Not Discussed
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