The defendant sought compassionate release from a detention facility that is not a BoP facility. Both the warden at the facility and BoP had denied the defendant's compassionate release request based on the First Step Act because his place of incarceration is not a BoP facility. The court held that exhaustion was satisfied because otherwise the defendant would be caught in a "Catch-22." The court then held that in light of the defendant's multiple medical conditions, the length of his remaining sentence, and the lack of objection from the government, the totality of the defendant's circumstances constituted "extraordinary and compelling" reasons to grant compassionate release. The court also noted that the sentence of time served satisfied the 18 U.S.C. § 3553(a) sentencing factors.
United States v. Jepsen, No. 19-cv-73-VLB, 2020 WL 1640232 (D. Conn. Apr. 1, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Name of Facility
Donald W. Wyatt Detention Facility
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Time served, COVID-19 screening prior to release
Violation of terms of supervised release, Previous conviction for drug trafficking, Previous DUI convictions
Compassionate Release Exhaustion Holdingsin Federal Case
Exhaustion is subject to equitable exceptions.
Pre-Existing Health Conditions
Medication-Related Immunocompromise, Obesity, Other, Some difficulty controlling and managing chronic conditions
Pre-Existing Health Conditions Notes
Obesity: "significant weight gain"; Immunocompromise: medication not specified
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
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.