The court granted an individual compassionate release under 18 U.S.C. § 3582(c)(1), reasoning that his terminal illness (brain cancer) and the resultant short life expectancy (3 to 6 months) warranted a reduction in his term of imprisonment. Furthermore, his suppressed immune system due to chemotherapy made him especially vulnerable to COVID-19, which was rapidly spreading in his current prison facility, FMC Butner. Additionally, the fact that the individual was sentenced for non-violent crimes (filing a false tax return and unlawfully structuring transactions) and had no prior criminal history showed that he did not pose a threat to his community. Lastly, the court emphasized the fact-specific basis of its ruling, stressing that compassionate release would be granted only to those individuals who established “extraordinary and compelling reasons” to warrant release.
United States v. Edwards, No. 6:17-CR-00003, 2020 WL 1650406 (W.D. Va. Apr. 2, 2020)
DETAILS
Decision
Date
4/2/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Bond Hearing, Release
Type of Court
Federal District Court
Location
Virginia
Type of Case
Individual
Case Characteristics
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Only served a small portion of their sentence (less than 33%)
Case Tracking Number
6:17-cr-00003-NKM
MORE CASE INFORMATION
Court Name
W.D. Va.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
Federal Medical Center, Butner
Legal Authority
Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Mandatory 14-day quarantine period; individual will live with his daughter, who will be assisting him to receive treatment for his cancer; three-year term of supervised release
Convictions
Filing a false tax return; unlawfully structuring transactions
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
Exhaustion is subject to equitable exceptions., Other, The Bureau of Prisons communicated that because Defendant was not yet in a designated facility there was no one able to process her request. Defendant has effectively exhausted her administrative remedies by petitioning the BOP, giving them notice, and being told she does not have any other administrative remedies.
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