The court approved Johnson's motion for compassionate release because Johnson met all three elements for 18 U.S.C. § 3582(c)(1). First, he had served more than half of a 120-month sentence for aggravated sexual abuse of a member of the Lummi Nation. Second, the court cited Johnson's type 2 diabetes, in combination with his other health conditions (like chronic Hepatitis C), as "increas[ing] the risk of serious illness in light of COVID-19" in addition to the "reduced ability for self-care in the penitentiary". And third, release was consistent with U.S. Sentencing Guidelines because "the additional restrictions proposed by the U.S. Probation and Pretrial Services and incorporated into this Order are designed to allay [government's] concerns and protect the safety of the victim and Lummi Nation."
United States v. Johnson, No. CR13-166 MJP, 2020 U.S. Dist. LEXIS 183358 (W.D. Wash. Oct. 2, 2020)
DETAILS
Decision
Date
10/02/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Washington
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
2:13-cr-00166-MJP
MORE CASE INFORMATION
Court Name
W.D. Wash.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
United States Penitentiary Lewisburg
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
"(1) Defendant’s term of imprisonment shall be reduced to time served and he shall be released 14 days from the date of this Order to accommodate a quarantine period with the Federal Bureau of Prisons. If Defendant tests COVID-19 positive at any time during this quarantine period, BOP will notify the government who will immediately notify the Court so the Order can be modified appropriately. If more than fourteen days are needed to make appropriate travel arrangements to the residence identified in this Order and ensure the Defendant’s safe release, the parties shall immediately notify the Court and show cause why any additional time to release is necessary;
(2) Defendant shall be released to reside at the House of Mercy in Bellingham, Washington;
(3) Supervised release shall commence immediately upon Defendant’s release from custody, during which time Defendant shall be subject to the mandatory, standard,
and special conditions of supervision set forth in the Judgment (Dkt. No. 28), as well as the other conditions set forth in this Order;
(4) Defendant shall not be permitted to enter the Lummi Nation Reservation;
(5) Defendant shall participate in the location monitoring program with Active Global Positioning Satellite technology for a period of 90 days. Defendant is restricted to his residence at all times except for employment, religious services, medical, legal reasons, or as otherwise approved by the location monitoring specialist. Defendant shall abide by all program requirements, and must contribute towards the costs of the services, to the extent financially able, as determined by the location monitoring specialist;
(6) Defendant shall abide by all federal, state, and local directives regarding the COVID- 19 pandemic; and
(7) Defendant shall be required to submit to periodic polygraph testing at the discretion of the probation office as a means to ensure that he is in compliance with the
requirements of his or her supervision or treatment program. Polygraph testing may not exceed six tests per year."
Convictions
aggravated sexual abuse, in violation of 18 U.S.C. §§ 1153, 2241(a)(1), and 2246(2)(6)
Diabetes (Type 2 diabetes mellitus), Hepatitis (chronic hepatitis C)
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.