The Court granted Mr. Gorai’s Compassionate Release Grant on account of his asthma. While Mr. Gorai had served only 13 months of a 57 month sentence, COVID-19 was present in the prison and he was unable to self-care while incarcerated. The Court also declined to follow the Third Circuit’s precedent, and did not require a 30 day administrative window for exhaustion. The court also noted "other courts throughout the country have noted the 'obvious shortcomings' in the BOP’s COVID-19 Action Plan" including only testing those who self-report symptoms and failure to provide special protection for high-risk individuals.
United States v. Gorai, No. 2:18-CR-220 JCM (CWH), Dkt. 99 (D. Nev. Apr. 24, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Compassionate Release Specific Characteristics
Only served a small portion of their sentence (less than 33%)
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Reside at home at all times, 14 day quarantine prior to release, 3 years of supervised release, 30 hour work week requirement suspended
Compassionate Release Exhaustion Holdingsin Federal Case
Exhaustion is subject to equitable exceptions.
Pre-Existing Health Conditions
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
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.