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)
DETAILS
Decision
Date
4/16/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Class Certification, Improved Conditions, Preliminary Injunction (PI), Release
Type of Court
Federal District Court
Location
District of Columbia
Type of Case
Individual
Case Characteristics
Elderly, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Release Granted
No
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a significant criminal history
Case Tracking Number
02-cr-00294-BAH
MORE CASE INFORMATION
Court Name
D.D.C.
Decision
Other
Place of Incarceration
Federal Prison
Name of Facility
Correctional Institution Rivers
Legal Authority
Eighth Amendment - Deliberate Indifference
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Unlawful possession of a firearm by a convicted felon; armed robbery with a firearm; criminal history of robbery
Case Status
On Appeal
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
Not discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
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