Court granted compassionate release to an 30-year old with congestive heart failure, diabetes, and sleep apnea. Court held that the considerations of his health conditions as well as the presence of COVID-19 in the facility allowed him to waive exhaustion requirements. Court found that despite significant criminal history and recidivism, conditions of release would severely diminish individual’s ability to commit crimes.
United States v. Hunt, No. 18-20037, 2020 WL 2395222 (E.D. Mich. May 12, 2020)
DETAILS
Decision
Date
5/12/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Bond Hearing, Preliminary Injunction (PI), Release
Type of Court
Federal District Court
Location
Michigan
Type of Case
Individual
Case Characteristics
Immigrant Detention, Low-Level Offenses, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a significant criminal history, Only served a small portion of their sentence (less than 33%)
Case Tracking Number
2:18-cr-20037-DPH
MORE CASE INFORMATION
Court Name
E.D. Mich.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Milan
Legal Authority
Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
CARES Act, Pub. L. No. 116-136, First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), § 2241 Habeas
Release Conditions
Release granted immediately, can self-quarantine at home; New term of supervised release that is equivalent to the unserved portion of his original term of imprisonment
Convictions
Credit card fraud, identity theft, armed robbery (twice), drug trafficking,
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
Exhaustion is subject to equitable exceptions., Other, Statutory exhaustion requirement not excusable by the court
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.