Petitioner filed a motion for compassionate release, citing his high blood pressure and Type II Diabetes as compelling his release during the COVID-19 pandemic. Petitioner also requested the appointment of counsel. The Court declined to appoint counsel in this matter and denied compassionate release on the grounds that Petitioner failed to offer sufficient documentation to prove that he had exhausted his administrative remedies by filing a motion with the BOP or his facility's warden at least 30 days before his court motion. Without such proof, the Court ruled that it had no "equitable authority" to waive the exhaustion requirement under the First Step Act.
United States v. Germany, No. 17-00205-01, 2020 WL 5868368 (W.D. La. Oct. 1, 2020)
DETAILS
Decision
Date
10/01/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Other, Release, Appointment of Counsel
Type of Court
Federal District Court
Location
Louisiana
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
5:17-CR-00205-SMH-MLH
MORE CASE INFORMATION
Court Name
W.D. La.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Forrest City Low
Legal Authority
First Step Act Exhaustion, Other, Criminal Justice Act
Convictions
Conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine or 500 grams and more of a mixture and substance containing a detectable amount of methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846.
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.
Pre-Existing Health Conditions
Diabetes, Hypertension (high blood pressure)
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.
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.