Court granted compassionate release to a 52 year old with drug possession and intent to distribute conviction. Although individual was not terminally ill, the Court cited multiple health conditions (obesity, kidney disease) as reasons for release. The court also stated that because he had been incarcerated for nearly 75% of his sentence and his supervised release would include home detention, he was not a danger to society.
United States v. Howard, No. 4:15-CR-00018-BR, 2020 WL 2200855 (E.D.N.C. May 6, 2020)
DETAILS
Decision
Date
5/6/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Preliminary Injunction (PI), Release
Type of Court
Federal District Court
Location
North Carolina
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Parole or Probation Violations, 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
4:15-CR-00018-BR
MORE CASE INFORMATION
Court Name
E.D.N.C.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Butner Low
Legal Authority
Eighth Amendment - Deliberate Indifference, Procedural Due Process (both 14th and 5th Amendments)
Chronic obstructive pulmonary disease, open wounds on his les, diaphragmatic hernia
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
Not Discussed
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