The court granted Ireland’s motion for compassionate release, finding there were extraordinary and compelling reasons for release because the spread of COVID-19 at Butner Low FCI (418 inmates, including Ireland, tested positive) and Ireland’s health conditions (latent Tuberculosis, obesity with BMI 30.6) placed him at a heightened risk of COVID-19. On the government’s claim that Ireland was not under heightened risk because he already developed immunity, the court responded that there was no clinical grounds to conclude that an individual cannot contract the coronavirus twice. The court found that Ireland was not a danger to the community, since he persuasively argued that he had reformed his ways while incarcerated, and that § 3553(a) factors did not weigh against Ireland because he demonstrated maturity and development in prison (as evidenced by the various programs he finished), and also had a sound reentry plan.
United States v. Ireland, No. 17-20203, 2020 WL 4050245 (E.D. Mich. July 20, 2020)
DETAILS
Decision
Date
7/20/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Michigan
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Was sentenced as a Career Offender under the U.S. Sentencing Guidelines
Case Tracking Number
2:17-cr-20203-AJT-APP
MORE CASE INFORMATION
Court Name
E.D. Mich.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Butner
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
to remain in home confinement for his first 14 days out of custody; upon release from custody, will begin a six year term of supervised release
Convictions
Distribution of a controlled substance (cocaine base); felon in possession of a firearm; two prior convictions for attempt
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.
Pre-Existing Health Conditions
Obesity, Tuberculosis
Pre-Existing Health Conditions Notes
Obesity (BMI 30.6)
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.