Section 571.61 of the BOP Program Statement 5050.50 requires that prisoners, when seeking compassionate release, must address things such as extraordinary or compelling circumstances, and proposed release plans. However, Elliott’s request did not include the health information now mentioned (impact of hepatitis-C, high blood pressure, various COVID-19 symptoms) nor detail his proposed release plans. The court requires that Elliott provide more detail pertaining to his health issues and release plans in his administrative request for release. Since his original request does not include such material information, his motion was denied.
United States v. Elliott, No. 2:12-cr-00221 (M.D. Ala. Sep. 22, 2020)
DETAILS
Decision
Date
9/22/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Preliminary Injunction (PI), Release
Type of Court
Federal District Court
Location
Alabama
Type of Case
Individual
Case Characteristics
Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
2:12-cr-00221
MORE CASE INFORMATION
Court Name
M.D. Ala.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
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.
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.