The court granted Ms. Fischer's motion for compassionate release because it found that she had a heightened risk for severe illness if she contracted COVID-19 because she is wheelchair-bound, needs a hip replacement, is 55 years old, and suffers from bradycardia, degenerative osteoporosis, depression, anxiety, sleep issues, multiple personality disorder, and schizophrenia. The court considered the 3553(a) factors, she has served 75%of her sentence, has no history of violence, does not pose a threat to the public, and has completed a number of education courses. Thus, the 3553(a) analysis justified release.
United States v. Fischer, No. 8:10CR201, 2020 U.S. Dist. LEXIS 177058 (D. Neb. Sep. 24, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Compassionate Release Case
Compassionate Release Specific Characteristics
Has a significant criminal history
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Federal Medical Center Carswell
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Sentence reduced to time served' she will serve her five-year term of supervised release pursuant to the conditions previously imposed by the Court; She shall report to the US Probation and Pretrial Services Office for the District of Nebraska upon release; she shall remain in self-quarantine for 14 days when she goes home.
Conspiracy to distribute methamphetamine; previous criminal history includes felonies for possession with intent to distribute controlled substance and conspiracy to distribute cocaine.
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.