The court denied the petitioner's request for compassionate release under the First Step Act due to failure to exhaust administrative remedies and also, on the merits, a lack of relevant pre-existing conditions. The incarcerated individual had already served a 71-month prison sentence for being a felon in possession of a firearm and was under supervised release when he was found to be in violation for firearms possession. He pleaded guilty to the charge and was sentenced to five months in custody and 31 months supervised release, but sought to be released when the pandemic began due to change in circumstances. On the merits, the court held that the "defendant fails to demonstrate that § 3142(g) factors considered at the time detention was ordered, or the § 3553(a) factors considered by the court at the time of sentencing only three weeks ago, have materially changed, such as the need to provide defendant with training or medical care, where he has not reported a serious illness or medical condition."
United States v. Eberhart, No. 13-CR-00313-PJH-1, 2020 WL 1450745 (N.D. Cal. Mar. 25, 2020)
DETAILS
Decision
Date
3/25/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Delayed Surrender, Release
Type of Court
Federal District Court
Location
California
Type of Case
Individual
Case Characteristics
Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Supervised release violations; Felon in possession of a firearm; Other convictions left unstated
Case Status
Decision Made
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, Others (unspecified)
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
No
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.
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