Douglas tested positive for COVID-19 on June 3, 2020, but was asymptomatic. Douglas filed this motion for compassionate release based on positive cases at FCI Butner Low and his generalized fear of a second wave. The court denied without prejudice Douglas’s motion because he had failed to exhaust his administrative remedies. In particular, Douglas was to request relief from the BOP and give them thirty days to respond. Further, Douglas’s request for good-time credits must also be made to the BOP, with their decision being reviewable only by filing a habeas petition.
United States v. Douglas, No. 3:12-cr-00174-MOC, 2020 BL 357080 (W.D.N.C. Sep. 17, 2020)
DETAILS
Decision
Date
09/17/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
North Carolina
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Significant Criminal History
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
3:12-cr-00174-MOC-DSC
MORE CASE INFORMATION
Court Name
W.D.N.C.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Butner Low
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, 18 U.S.C. § 3624(b)(1)
Convictions
Conviction in This Case: Violation of Terms of Supervised Release; Possession with Intent to Deliver Cocaine. Past Criminal History: Drug Trafficking; Possession of a Firearm by a Felon; Assault on a Female; Carrying a Concealed Weapon.
Case Status
Decision Made
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.