The court denied Laut's motion for compassionate release because he did not present "extraordinary and compelling" reasons for release. It concluded that Laut did not demonstrate that his heart disease and history of smoking would make him more likely to suffer complications from COVID-19, especially because he already contracted coronavirus, was asymptomatic, and recovered. Also, the court noted that his self-reported heart conditions were not verified by his medical records. Regarding the sentencing factors, the court noted that Mr. Laut abused his former position as a first responder, indicating "the lengths he would go to obtain drugs if he were to relapse."
United States v. Laut, No. 3:17-CR-30001-NJR-1, 2020 WL 5801831 (S.D. Ill. Sept. 29, 2020)
DETAILS
Decision
Date
09/29/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Illinois
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
3:17-cr-30001-NJR
MORE CASE INFORMATION
Court Name
S.D. Ill.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
United States Penitentiary Marion Prison Camp
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
38 counts related to wire fraud, false statements, aggravated identity theft, and tampering with a consumer product with reckless disregard that another person would be placed in danger of death or bodily injury, and under circumstances manifesting extreme indifference to such risk.
Case Status
Decision Made
Pre-Existing Health Conditions
Cardiac Disease
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.