Granted motion for compassionate release on a 160-month sentence, releasing defendant on 151-months time served and supervised release, the first 6 to be spent in home confinement. Administrative methods were exhausted. Defendant’s age (62), prior heart attack, diabetes, and hypertension placed him in a higher risk category.
Defendant’s storied long and serious criminal record and history of recidivism weighed against his release, with the judge noting that, “for the past thirty-five years, Mr. Early has spent nearly all of his time serving jail or prison sentences and finding ways to get back into jail or prison.”However, the court cited the short 9-month reduction in his sentence and his son’s willingness to provide a home and facilitate re-entry in finding the risk of release did not outweigh risk to defendant given his higher risk health conditions.
United States v. Early, No. 1:09cr282(MFK), 2020 WL 2112371 (N.D. Ill. May 4, 2020)
DETAILS
Decision
Date
5/4/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Bond Hearing, Release
Type of Court
Federal District Court
Location
Illinois
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Other, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Bond request while habeas petition for actual innocence pending
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a disciplinary history, Has a significant criminal history
Case Tracking Number
1:09-cr-00282-MFK
MORE CASE INFORMATION
Court Name
D. Conn.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Terre Haute
Legal Authority
Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, § 2241 Habeas, Fair Sentencing Act
Release Conditions
Time served and supervised release; First 6 months in home confinement
Convictions
Two counts of Bank robbery 18 U.S.C. § 2113(a); one count of using a firearm in connection with a crime of violence 18 U.S.C. § 924(c)(1)(A).
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
Other, Government urged to waive exhaustion requirement by Court. Warden then denied release application and exhaustion was rendered moot.
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