The petitioner sought compassionate release due to the dangers posed by COVID-19. The court found that given the petitioner’s various medical conditions, he satisfied the “extraordinary and compelling” prong of the Section 3582 analysis. The court then found that the petitioner’s record for the past nine years in BOP custody demonstrated the petitioner’s “continued growth” and was not indicative of someone who “currently presents a danger to society.” As a result, the court granted release.
United States v. Hardy, No. 1:11-cr-00358-ELH, 2020 WL 4436376 (D. Md. Aug. 3, 2020)
DETAILS
Decision
Date
08/03/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Maryland
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a significant criminal history
Case Tracking Number
1:11-cr-00358-ELH
MORE CASE INFORMATION
Court Name
D. Md.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Schuylkill
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
One year of home confinement
Convictions
Conspiracy to distribute one kilogram or more of heroin, five kilograms or more of cocaine, and an unspecified quantity of cocaine base; possession with intent to distribute 500 grams or more of cocaine.
Case Status
Decision Made
Pre-Existing Health Conditions
High Cholesterol, Hypertension (high blood pressure), Obesity, Pre-Diabetes
Pre-Existing Health Conditions Notes
Obesity (38)
COVID-19 Positive or Symptomatic
Not Discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
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.
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.