U.S. v. Johnson (S.D.N.Y.) - Motion for Compassionate Release Moot - BOP Approved Release
Defendant Johnson had filed a motion for compassionate release on the grounds that his age and general poor health put him at high risk during the pandemic, but he later withdrew it, mistakenly believing that his application for release had been granted by the Bureau of Prisons. While actually waiting for BOP’s action, Johnson tested positive for COVID-19, prompting his counsel to renew the instant motion. The day before court’s instant order, however, the BOP officially approved Johnson’s application for compassionate release, albeit without setting a release date. Therefore, the court denied the motion for compassionate release as moot, as the administrative process for release was already in progress, but added that the BOP should promptly set a firm release date and allow Johnson to commence home confinement as soon as possible.
United States v. Johnson, No. 17-cr-482, Dkt. 116 (S.D.N.Y. May 1, 2020)
DETAILS
Decision
Date
05/01/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Case Tracking Number
1:17-cr-00482-JSR
MORE CASE INFORMATION
Court Name
S.D.N.Y.
Decision
Other
Place of Incarceration
Federal Prison
Name of Facility
FCI Fort Dix
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Conspiracy to commit bank fraud and wire fraud
Case Status
Decision Made
Pre-Existing Health Conditions
Age
Pre-Existing Health Conditions Notes
Age (not specified)
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.