Petitioner filed a motion for compassionate release, arguing that his history of lung disease and the stress on his heart, liver, and kidneys resulting from prescribed medications for various mental health disorders make him more susceptible to COVID-19 complications. Although the government conceded that Petitioner had met all exhaustion requirements for compassionate release, the Court denied the motion on the grounds that Petitioner had failed to show that any of his health conditions were "terminal or substantially diminish[ed] his ability to provide self-care in prison," and thus failed to demonstrate any "extraordinary and compelling reasons" to justify his release. The Court further found that "analysis of the relevant § 3553(a) factors weigh in favor of [Petitioner's] continued incarceration" because his sentence needed to reflect "the true extent and seriousness of the Defendant’s offense, to promote respect for the law, to provide just punishment, to afford adequate deterrence, and to protect the public from the Defendant’s further crimes."
United States v. Davis, No. 1:13-cr-00043-MR-WCM-1, 2020 U.S. Dist. LEXIS 174963 (W.D.N.C. Sep. 23, 2020)
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
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
United State Penitentiary Lee
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
One count of conspiracy to possess with intent to distribute bath salts. Prior convictions for counterfeiting and manufacturing controlled substances.
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
Lung Disease, Other, Mental health medications put stress on his heart, liver, and kidneys
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
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.