The court granted the 51-year old individual’s motion for compassionate release, taking into consideration her cooperation and significant health problems, including Type 1 Diabetes Mellitus, and recent surgeries including a pulmonary embolism, a cholecystectomy, a hysterectomy, a splenectomy, an appendectomy, and a left ankle reconstruction, which all made her “highly vulnerable to the effects of COVID-19 and raise a serious risk of death in the confined and crowded setting of prison.” Due to a confirmed COVID-19 case and one death in the facility as well as the likelihood of asymptomatic cases, the court reduced her sentence to time served, finding that she posed no genuine risk to the safety of the public.
United States v. Joseph, No. 1:18-CR-00156-WCG (E.D. Wis. Jun. 17, 2020)
DETAILS
Decision
Date
6/17/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Wisconsin
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
1:18-cr-00156-WCG
MORE CASE INFORMATION
Court Name
E.D. Wis.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FMC Carswell
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Attempted possession with intent to distribute marijuana; possession with intent to distribute more than 50g of methamphetamine; conspiracy to possess with intent to distribute more than 50g of methamphetamine
Case Status
Decision Made
Pre-Existing Health Conditions
Diabetes, Other, Recent Surgeries (pulmonary embolism, cholecystectomy, hysterectomy, splenectomy, appendectomy, and left ankle reconstruction)
Pre-Existing Health Conditions Notes
Diabetes Mellitus (Type 1)
COVID-19 Positive or Symptomatic
No
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.