The court rejected Godwin's motion for compassionate release and reduction of time served based on a holding that, as she had "already contracted---and beaten---the virus," she therefore could not prove that COVID-19 risk was an extraordinary and compelling reason for a sentence reduction. The government conceded that Godwin had a number of health conditions that increase COVID-19 risk, but such conditions notwithstanding, the court held that Godwin's earlier recovery from COVID-19 meant that she could not meet her burden. The court also held that Godwin's significant criminal history, including convictions "too old to be counted under the Guidelines," justified the need to protect the public from the defendant and therefore rejected her motion for compassionate release.
United States v. Godwin, No. 1:17-cr-00008-MR-WCM-1, 2020 WL 5801503 (W.D.N.C. Sept. 29, 2020)
DETAILS
Decision
Date
09/29/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
North Carolina
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
1:17-cr-00008-MR-WCM
MORE CASE INFORMATION
Court Name
W.D.N.C.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
Federal Medical Center Carswell
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Legal Authority
U.S.S.G. § 1B1.13
Convictions
Bank fraud (three counts); aggravated identity theft (three counts); possession of stolen mail. The decision references a "long history of similar state and federal felony offense . . . too old to be counted under the Guidelines."
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.