Petitioner had tested positive for COVID-19 on July 9, 2020. He had no symptoms and was never tested again. Petitioner sought a reduced sentence on the basis of the heightened risk posed to him by confinement during the COVID-19 pandemic. Petitioner asserted he may be at high risk for reinfection because racial and ethnic minorities like him have an increased hospitalization and death rate from COVID-19. He also asserted he may be at risk because it was unclear whether he was at risk of reinfection and if how much long-term damage reinfection would cause. The court denied release because the petitioner had not identified any complications he had experienced and because the facility in which he was incarcerated was not experiencing a major COVID-19 outbreak during the time the motion was filed (although it did have a massive outbreak earlier in the pandemic).
United States v. Dillard, No. 18-760, 2020 WL 5849379 (N.D. Ohio Oct. 1, 2020).
DETAILS
Decision
Date
10/01/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Ohio
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison]
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
1:18-cr-00760-DAP
MORE CASE INFORMATION
Court Name
N.D. Ohio
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Elkton
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Felon in Possession of a Firearm and Ammunition.
Case Status
Decision Made
Pre-Existing Health Conditions
Other, Previously tested positive for Covid-19
COVID-19 Positive or Symptomatic
Yes
COVID-19 in Jail Prison or Detention Center
Yes
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.