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)
DETAILS
Decision
Date
4/1/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Connecticut
Type of Case
Individual
Case Characteristics
Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Case Tracking Number
3:19-cr-00073-VLB
MORE CASE INFORMATION
Court Name
D. Conn.
Decision
Motion Granted
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Name of Facility
Donald W. Wyatt Detention Facility
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
Time served, COVID-19 screening prior to release
Convictions
Violation of terms of supervised release, Previous conviction for drug trafficking, Previous DUI convictions
Case Status
Decision Made
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
No
COVID-19 in Jail Prison or Detention Center
Not Discussed
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