The court combined and vacated three previous orders in which it directed that Erica Cook, Demario King, and Douglina Battle be immediately released under the First Step Act and transferred to home confinement to serve the remainder of their respective sentences. Counsel for the individuals argued for immediate release pursuant to 18 U.S.C. § 3582(c) and 28 U.S.C. §§ 2241 and 2255. The court disagreed, reasoning that the individuals had not exhausted their administrative remedies under any of the statutes, and the court therefore lacked jurisdiction to order immediate transfer to home confinement.
United States v. King, No. CR DKC-16-0484, 2020 WL 1505900 (D. Md. Mar. 30, 2020)
DETAILS
Decision
Date
3/30/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Maryland
Type of Case
Group
Case Characteristics
Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
1:16-cr-00485-JKB
MORE CASE INFORMATION
Court Name
D. Md.
Decision
Motion Denied
Place of Incarceration
Halfway House
Name of Facility
Volunteers of America
Legal Authority
Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
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