U.S. v. Jenner (D. Nev.) - Compassionate Release Grant - CDC Risk Category
The court granted David Michael Jenner’s unopposed motion for compassionate release. First, Jenner satisfied the exhaustion requirement, as he sent a request to the Warden more than 30 days before the instant motion. Second, Jenner’s age and medical conditions (73 years old, prediabetes and hyperlipidemia), in conjunction with the ongoing COVID-19 pandemic, constitute extraordinary and compelling reasons for sentence reduction. Third, Jenner is not a danger to the community, because he will be subject to a lifetime of supervised release and other conditions, which will mitigate his potential danger. Lastly, a reduction is consistent with the factors set forth in 18 U.S.C. § 3553(a), because Jenner has already served the vast majority of his sentence (more than 8 years out of 11), and thus received a “just punishment for the offense.”
United States v. Jenner, No. 3:12-cr-00036-RCJ, 2020 U.S. Dist. LEXIS 113205 (D. Nev. June 29, 2020)
DETAILS
Decision
Date
06/29/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Nevada
Type of Case
Individual
Case Characteristics
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Case Tracking Number
3:12-cr-00036-RCJ-VPC
MORE CASE INFORMATION
Court Name
D. Nev.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
United States Penitentiary, Lompoc
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Legal Authority
U.S.S.G. § 1B1.13
Release Conditions
Registration as a sex offender; subject to warrantless searches by a probation officer; required to provide the probation office with information regarding access to computers; 14-day self quarantine; required to be on supervised release for remainder of defendant's life.
Convictions
Distribution of child pornography (18 U.S.C. § 2255A(a)(2), (b))
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
Age, High Cholesterol, Pre-Diabetes
Pre-Existing Health Conditions Notes
Age (73)
COVID-19 Positive or Symptomatic
Not Discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
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.