German filed for compassionate release, but the court determined that he did not present compelling reasons for his release because, although he is obese, he is not "severely obese," and thus the court determined that he was not at an elevated risk of harm such that his release was justified. In considering the 3553(a) sentencing factors, the court reasoned that the interests of justice would not be served if German's sentence were reduced because he committed serious crimes by endangering a minor and distributing drugs.
United States v. German, No. 15-CR-3-02-PB, 2020 WL 5849530 (D.N.H. Oct. 1, 2020)
DETAILS
Decision
Date
10/01/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
New Hampshire
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
1:15-cr-00003-PB
MORE CASE INFORMATION
Court Name
D.N.H.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Danbury
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
aiding and abetting the transportation of an individual in interstate commerce with the intent that the individual engage in prostitution, in violation of 18 U.S.C. §§ 2 and 2421; possessing heroin with the intent to distribute, in violation of 18 U.S.C. § 841(a)(1).
Case Status
Decision Made But Case Still Pending
Pre-Existing Health Conditions
Obesity
Pre-Existing Health Conditions Notes
Obesity (BMI 36)
COVID-19 Positive or Symptomatic
Not Discussed
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.
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