Petitioner filed a motion to either reduce her sentence to time served under the First Step Act or to serve the remainder of her sentence in home confinement. She argued that health conditions such as asthma, history of smoking and methamphetamine use, and symptoms of upper respiratory infections and COPD increased her risk of complications from COVID-19 while incarcerated. The Court granted supervised release, conditioned on 120 days in a residential re-entry center followed by four months of home detention. The Court found that Petitioner met exhaustion requirements under the First Step Act and that her health conditions represented "extraordinary and compelling releases" for sentence modification. Finally, the Court found that sentencing factors under § 3553(a) also compelled release, citing Petitioner's work toward sobriety as proof that she "no longer remains a danger" to society.
United States v. Foster, No. 3:18-CR-00307-HZ-1, 2020 WL 5876941 (D. Or. Oct. 2, 2020)
DETAILS
Decision
Date
10/02/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Other, Release, Reduction in Sentence, or Home confinement for the remainder of the sentence
Type of Court
Federal District Court
Location
Oregon
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
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
3:18-CR-00307-HZ
MORE CASE INFORMATION
Court Name
D. Or.
Decision
Motions Partially Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Dublin
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
14-day pre-release quarantine; first 120 days of supervised release in a residential re-entry center; following 4 months of supervised release in home detention, where Petitioner "will be restricted to her approved residence at all times, except for medical necessities, court appearances, or other activities specifically pre-approved by the Court"
Convictions
Fraud in Connection with Access Devises and Aggravated Identity Theft; "prior criminal history...nonviolent crimes of drug possession and theft"
Case Status
Decision Made
Motions Partially Granted
Petitioner filed a motion for a reduction of her sentence to time served or, alternatively, to serve the remainder of her sentence in home confinement. The Court ruled that a reduced sentence would be appropriate and ordered that her sentenced three years of supervised release start at the filing of this decision, rather than in August 2021. Also the first 120 days of supervised release are to be served in a residential re-entry center.
Pre-Existing Health Conditions
Asthma, Other, History of cigarette smoking; History of methamphetamine use; History of upper respiratory infections; Rheumatoid arthritis; Chronic obstructive pulmonary disorder (COPD); Cardiac problems
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
Yes
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.
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.