Doost filed a motion for compassionate release from federal prison based on his increased risk to COVID-19 due to his health conditions of asthma and obesity. The court agreed that Doost’s health conditions could constitute “extraordinary and compelling circumstances” warranting release. But the court found that the conditions at the facility (United States Penitentiary, Atwater) posed no risk to Doost because there were adequate health procedures adopted at the facility, even though guards are not tested. Further, Doost had only served a small portion of his already low sentence for serious crimes, which the court reasoned would not deter future crimes or show respect for the law. Therefore, the court held that the risk of Doost catching COVID-19 did not rise to the level of “extraordinary and compelling” circumstances and denied Doost’s motion for compassionate release.
United States v. Doost, No. 1:17-cr-00109-APM, 2020 WL 5593936 (D.D.C. Sep. 18, 2020)
DETAILS
Decision
Date
09/18/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
District of Columbia
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
1:17-cr-00109-APM
MORE CASE INFORMATION
Court Name
D.D.C.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
United States Penitentiary, Atwater
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Legal Authority
U.S.S.G. § 1B1.13
Convictions
Three counts of fraud against the United States; eight counts of wire fraud; four counts of making false statements on loan applications; five counts of money laundering
Case Status
Decision Made
Pre-Existing Health Conditions
Asthma, Obesity
Pre-Existing Health Conditions Notes
Asthma (moderate); Obesity (31.3)
COVID-19 Positive or Symptomatic
Not Discussed
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.