The court denied King’s motion for compassionate release. Although the court found King’s diagnosis of prostate cancer in combination of COVID-19 presented extraordinary and compelling reasons warranting a reduction in his sentence, the court based its denial on the fact that King had a significant criminal history, has shown that he is unable to comply with Court supervision, and has absconded while on trial before. Furthermore, the Court noted that granting King compassionate release would "not reflect the seriousness of his crime, promote respect for the law or the victims, provide just punishment for the offense, nor afford general or specific deterrence for similar offenses."
United States v. King, 2020 U.S. Dist. LEXIS 174629 (S.D. Ga. Sep. 22, 2020)
DETAILS
Decision
Date
9/22/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Georgia
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Significant Criminal History
Release Granted
No
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a significant criminal history
Case Tracking Number
4:17-cr-00097-LGW
MORE CASE INFORMATION
Court Name
S.D. Ga.
Decision
Motion Denied
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
felon in possession of a firearm. Prior criminal history: manslaughter; intimidation of a witness; violation of abuse prevention order; assault and battery; rape of a child with force and assault with a dangerous weapon; misdemeanor assault and battery; and failure to register as a sex offender.
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request.
Pre-Existing Health Conditions
Cancer
Pre-Existing Health Conditions Notes
Cancer (prostate)
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.