Donald Cupp moved for compassionate release after his Parkinson's disease progressed to stage 3. Cupp's medical conditions, which also included diabetes, "substantially diminished" his capacity to perform daily self-care and justified release under Application Note 1 to U.S.S.G. § 1B1.13. Noting that FCI Englewood had apparently failed to adequately address Cupp's conditions, and concluding his danger to society was low, the court granted his petition for compassionate release and reduced his sentence to time served.
United States v. Cupp, No. 1:15-CR-3-HAB, 2021 WL 1100593 (N.D. Ind. Mar. 23, 2021)
DETAILS
Decision
Date
03/23/2021
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Indiana
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
This case does not explicitly address COVID-19, and the judge even dismisses it as unnecessary to bring up in the context of this case. Still, has the emergence of COVID-19 made compassionate release more frequent and likely when the petitioner has preexisting medical conditions, like Cupp?
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