Harris filed motion for compassionate release after serving almost half of his 132-month sentence. Harris had no pre-existing conditions, but sought release because "the general danger of contracting COVID-19 in FCI Gilmer, compounded by his racial and ethnic background, present such extraordinary circumstances" and he wishes to care for his grandmother. The court denied compassionate release because Harris did not articulate "extraordinary or compelling reasons" for his release. The court found that he was not in any more danger of contracting COVID than any other inmate and that his grandmother can be cared for by her daughter or son. In addition, the court found, in relation to Harris' convictions, that "the number of such attacks, spread over several years, demonstrates both the need for specific deterrence and a proclivity towards violence that gives rise to a strong interest in protecting the public from Harris."
United States v. Harris, No. 15 CR. 445-11 (PAE), 2020 WL 5801051 (S.D.N.Y. Sept. 29, 2020)
DETAILS
Decision
Date
09/29/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Significant Criminal History
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
1:15-cr-00445-PAE
MORE CASE INFORMATION
Court Name
S.D.N.Y.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Gilmer
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
conspiring to participate in a racketeering enterprise in violation of 18 U.S.C. § 1962(d), and using a firearm, which was discharged, during and in connection with both a racketeering conspiracy and a drug-trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A)(i), (ii), (iii)
Case Status
On Appeal
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.