Granted compassionate release to home confinement, after 15 day BOP quarantine, for petitioner convicted of Social Security disability fraud. Following other courts, the Court held that after passage of the First Step Act "U.S.S.G. § 1B1.13 as currently written would not constrain [a court's] ability to find extraordinary and compelling reasons warranting a sentence reduction.” Id. at 7 (citing cases). Although petitioner was young and had only served 1/3 of his 12-month sentence, the Court found extraordinary and compelling reasons for release in light of the high infection rates and lack of safety procedures at USP Lompoc and petitioner's lack of prior criminal history, nonviolent offense, and high risk of COVID-due to hypertension.
United States v. Kamaka, No. 18-cr-85 (SOM), 2020 WL 2820139 (D. Haw. May 29, 2020)
Criminal (Federal Charges)
Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Type of Case
Elderly, Immigrant Detention, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Compassionate Release Specific Characteristics
Only served a small portion of their sentence (less than 33%)
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
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.