The court granted compassionate release under the First Step Act for individual who had served 40 months of his 83-month sentence for conspiracy to distribute a substance containing methamphetamine. The court determined that the individual exhibited an extraordinary reason for compassionate release due to his: (a) age, (b) immunocompromised state due to liver and kidney transplant, (c) obesity at 35.1 BMI, (d) kidney disease, (e) heart disease, and (f) hypertension. The individual’s previous bout with COVID-19 also put him at high risk that made release warranted. The court found that the individual exhausted his administrative remedies by stating a complaint with the warden citing COVID-19.
United States v. Hodge, No. 6:17-cr-00051, 2021 WL 1169896 (E.D. Ky. Mar. 23, 2021)
DETAILS
Decision
Date
03/26/2021
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Kentucky
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, Was sentenced as a Career Offender under the U.S. Sentencing Guidelines
Case Tracking Number
6:17-cr-00051-CHB-HAI
MORE CASE INFORMATION
Court Name
E.D. Ky.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
Federal Correctional Institute Butner Medium II
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
The court ordered that the individual be subject to home incarceration (with voice recognition monitoring) for the remainder of his original sentence, followed by four years of previously scheduled supervised release; during home incarceration, individual must not leave that residence other than for employment, job training, religious services, medical and/or mental health appointments, treatment programs, appointments with counsel, and/or other activities approved in advance by his supervising probation officer; individual must pay for the cost of voice recognition monitoring; following the individual's release, he must self-quarantine for 14 days except for necessary medical treatment and upon prior notice and approval by U.S. Probation.
Convictions
Conspiring to distribute a substance containing methamphetamine
Case Status
Decision Made
Pre-Existing Health Conditions
Age, Cardiac Disease, Hypertension (high blood pressure), Kidney Disease, Medication-Related Immunocompromise, Obesity, Other, immunocompromised state due to solid organ transplant and medication taken as a result
Pre-Existing Health Conditions Notes
Age (52); Immunocompromised state due to solid organ transplant and medication (liver and kidney transplant); Obesity (35.1)
COVID-19 Positive or Symptomatic
Yes
COVID-19 in Jail Prison or Detention Center
Yes
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.