The court granted the incarcerated individual's request for compassionate release under the First Step Act, doing so on the basis of the individual's many pre-existing health issues. The individual was convicted of conspiring to sell various drugs "including cocaine, heroin, oxycodone pills, and counterfeit opiate pills containing fentanyl" and also was convicted of a related firearms offense. He had many pre-existing health issues including severe sleep apnea, obesity, kidney disease, diabetes, and hypertension. The court ruled in his favor due to concerns about his health should he be infected by Covid-19, despite there being no recorded cases at FDC Sea-Tac (as there is not widespread testing there) and despite him only serving six months of his 62-month sentence. The court also noted that prior to the trial, the individual "spent approximately eighteen months on pretrial supervision" during which "[h]e complied with all Court ordered conditions of release and maintained employment throughout that period" and thus he would not be a danger to the community. However, the court extended the individual's term of supervised release by 24 months given its view of the seriousness of the offense.
United States v. Locke, No. CR18-0132 RAJ, 2020 U.S. Dist. LEXIS 102592 (W.D. Wash. June 11, 2020)
DETAILS
Decision
Date
6/11/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Washington
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Only served a small portion of their sentence (less than 33%)
Case Tracking Number
2:18-cr-00132-RAJ
MORE CASE INFORMATION
Court Name
W.D. Wash.
Decision
Motion Granted
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
60 months of supervised release, the first 24 of which will include home confinement; must contact probation officer within 24 hours of release
Convictions
Current sentence: Conspiracy to Distribute Controlled Substances (including cocaine, heroin, oxycodone pills, and counterfeit opiate pills containing fentanyl).; Carrying a Firearm During and in Relation to a Drug Trafficking Crime; Prior history: Assault
Obesity (BMI over 40), Sleep Apnea ("one of the most severe cases . . . that one of his medical providers has ever seen")
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
No
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