Petitioner filed a motion for compassionate release under the First Step Act, arguing that his obesity, high cholesterol, hypertension, and other health conditions made him more likely to contract and less likely to survive COVID-19 while in prison. The Court found that Petitioner met the exhaustion requirement because even though the warden denied his request and he did not appeal that denial, he waited 30 days before filing his motion with the court. However, the court found that the petitioner had not shown that his health created "extraordinary and compelling reasons" to warrant his release given that he is only 37 years of age. The Court also found that Petitioner's lengthy criminal history weighed against his release.
United States v. Guevara, No. 1:16-CR-296, 2020 WL 5835344 (S.D. Tex. Oct. 1, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
FCI Butner Medium I
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
"Conspiracy to possess with intent to distribute more than 100 kilograms of marihuana and possession with intent to distribute more than 100 kilograms of marihuana."
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
High Cholesterol, Hypertension (high blood pressure), Obesity, Other, Liver Damage; Issues related to two strokes in 2007 and 2016
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.