The court granted the individual's request for compassionate release, doing so on the basis of his pre-existing conditions and the conditions at FCI Elkton. The incarcerated individual was convicted of Hobbs Act robbery and possessing a firearm in furtherance of the robbery, having been coerced into participating (due to his prior employment at Brinks Security) by robbers who threatened his family if he did not comply; he otherwise had no criminal history. On the issue of exhaustion, the court ruled that because his request for release had been denied by the warden, he was eligible to bring his case before the court. On the merits, the court ruled that his medical conditions, which included severe obesity, chronic bronchitis, and hypertension, all put him at serious risk for infection, with the court expressing particular concern about his bronchitis because it was "recognized as increasing the risks associated with contracting COVID-19." The court also noted that FCI Elkton had widespread infection, as "438 had tested positive for COVID-19[,] ...roughly 25% of the entire prison population."
United States v. Jackson, No. 2:18-CR-86-PPS, 2020 WL 3396901 (N.D. Ind. June 19, 2020)
DETAILS
Decision
Date
6/19/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Indiana
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
Only served a small portion of their sentence (less than 33%)
Case Tracking Number
2:18-cr-00086-PPS
MORE CASE INFORMATION
Court Name
N.D. Ind.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Elkton
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, U.S.S.G. § 1B1.13
Release Conditions
Will be placed into 14-day quarantine; government must determine suitability of family residence for home confinement; if residence found suitable and he exhibits no COVID-19 symptoms, Jackson will be released into home confinement for the remainder of his sentence as part of his supervised release
Convictions
Hobbs Act robbery and possessing a firearm in furtherance of Hobbs Act robbery
Obesity (BMI of 47), Lung Disease (chronic bronchitis)
COVID-19 Positive or Symptomatic
No
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.