Griffin is seeking a sentence reduction, compassionate release, or home confinement pursuant to the CARES Act. He also puts a motion seeking appointment of counsel since the inmate who has been closely helping him with his motion is set to be released. Despite Griffin’s request to waive the exhaustion requirement, the court denies his motion for compassionate release due to not exhausting all remedies with the BOP. Next, pursuant the CARES Act, only the Director of the BOP has the authority to extend home confinement, so Griffin’s request for home confinement was denied. And, finally, the court finds that Griffin failed to persuade them how appointing counsel would assist him or the court in resolving his motion.
United States v. Griffin, No. 2:10-CR-00056, 2020 WL 5645982 (E.D. La. Sep. 22, 2020)
DETAILS
Decision
Date
09/22/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
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
2:10-cr-00056-MLCF-ALC
MORE CASE INFORMATION
Court Name
E.D. La.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Hazelton
Legal Authority
CARES Act, Pub. L. No. 116-136, First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Conspiracy to distribute five kilograms of cocaine hydrochloride
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.
COVID-19 Positive or Symptomatic
Not Discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
Organization Legal Filings Templates and Decisions
Louis T. Savino and Associates; Schatz & Steinberg PC
Attorney Email Posted on Site
No
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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