Granted compassionate release for petitioner held at Metropolitan Correctional Center, serving the last 7 months of his 5 year sentence for conspiracy to participate in a violent RICO enterprise. The court found exhaustion was met after the government waived the administration requirement. The court had forcefully urged the government to do so and had directed "that the USAO, if necessary at the highest level of the Office, give urgent thought to whether the seemingly elusive benefits of invoking that doctrine in this case outweigh the potentially catastrophic human consequences of deferring Mr. Knox’s release by two weeks." Although the court mentions Defendant was high risk, there are no health conditions on the record that demonstrate this risk. Nevertheless, defendant was released, as he was likely to pose little danger to the community and had little of his sentence remaining.
United States v. Knox, 15-cr-445 (PAE), Dkt. 1088 (S.D.N.Y. Apr. 10, 2020).
DETAILS
Decision
Date
4/10/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison]
Release Granted
Yes
Compassionate Release Case
Yes
Case Tracking Number
15-cr-445-PAE
MORE CASE INFORMATION
Court Name
S.D.N.Y.
Decision
Motion Granted
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Name of Facility
Metropolitan Correctional Center
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
Time Served, Remainder of sentence (until 10/28/20) in home confinement.
Convictions
Conspiracy to participate in a violent RICO enterprise
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
Other, Exhaustion waived after strong prior recommendation from judge.
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.