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)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
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?
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.
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