Court indicates that compassionate release would be granted if circuit remanded for this purpose for individual with pending appeal. Federal court had authority to grant compassionate release for defendant serving time on both state and federal convictions, even if he was currently serving the portion of his sentence reserved for the state charges. Defendant suffered advanced prostate cancer and court found evidence of rehabilitation through sentence.
United States v. Hammond, No. 1:02-cr-00294-BAH, Dkt. No. 51 (D.D.C. Apr. 16, 2020)
Criminal (Federal Charges)
Class Certification, Improved Conditions, Preliminary Injunction (PI), Release
Type of Court
Federal District Court
District of Columbia
Type of Case
Elderly, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Compassionate Release Case
Compassionate Release Specific Characteristics
Has a significant criminal history
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Correctional Institution Rivers
Eighth Amendment - Deliberate Indifference
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Unlawful possession of a firearm by a convicted felon; armed robbery with a firearm; criminal history of robbery
Compassionate Release Exhaustion Holdingsin Federal Case
Exhaustion is subject to equitable exceptions.
Pre-Existing Health Conditions
Age, Cancer, Cardiac Disease, Liver Disease, Other, Heart disease, Respiratory disease, confined to a bed or chair for more than 50% of his waking hours
Pre-Existing Health Conditions Notes
Age 75; Advanced prostate cancer
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.