The court granted Holloway’s motion for compassionate release, because (1) Holloway suffered from hypertension, mild chronic renal failure, and prediabetes; (2) during the COVID-19 pandemic, hypertension, along with other conditions, qualified as a compelling reason for compassionate release; (3) although Holloway’s underlying offense, possession of a loaded firearm by a convicted felon, was a serious offense, no one alleged that Holloway used the firearm or engaged in violence; (4) none of Holloway’s other previous offenses involved violence; and (5) Holloway served 75% of the sentence and performed well during incarceration. His sentence was reduced to time served plus fourteen days, as well as a year of home confinement.
United States v. Holloway, No. ELH-09-0363, 2020 U.S. Dist. LEXIS 183658 (D. Md. Oct. 2, 2020)
DETAILS
Decision
Date
10/05/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Maryland
Type of Case
Individual
Case Characteristics
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 an Armed Career Criminal under the Armed Career Criminal Act (ACCA)
Case Tracking Number
1:09-cr-00363-ELH
MORE CASE INFORMATION
Court Name
D. Md.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Allenwood Low
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
One year of home confinement as a condition of supervised release.
Convictions
Possession of a firearm by a convicted felon, in violation of 18 U.S.C. 922(g)(1).
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request.
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.
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