Luker, an inmate at USP Florence, filed a motion for compassionate release. The court found no extraordinary or compelling reasons justifying release. The court stated that his medical conditions were not terminal or did not substantially diminish his ability to provide self-care; although he had a liver lesion, his doctor did not believe it was cancerous. The court also stated that his request for a sentence reduction in light of U.S.S.G. Amendment 782 lacked merit because he had already received the benefit of the amendment during sentencing. Because Luker’s facility had only one positive case of COVID-19, the court dismissed Luker’s concerns regarding the spread of the disease. Finally, the court pointed to Luker’s extensive criminal history and history of substance abuse as reason to deny the motion.
United States v. Luker, No. 4:13-CR-261, 2020 WL 5774934 (E.D. Tex. Sept. 25, 2020)
DETAILS
Decision
Date
09/25/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Other, Release, Supplement Request for Compassionate Release
Type of Court
Federal District Court
Location
Texas
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
4:13-cr-00261-MAC-KPJ
MORE CASE INFORMATION
Court Name
E.D. Tex.
Decision
Motions Partially Granted
Place of Incarceration
Federal Prison
Name of Facility
United States Penitentiary Florence
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Legal Authority
U.S.S.G. Amendment 782
Convictions
Possession with the Intent to Manufacture and Distribute 500 Grams or More of a Mixture or Substance Containing a Detectable Amount of Methamphetamine or 50 Grams of Methamphetamine
Case Status
Decision Made
Motions Partially Granted
Motion for Compassionate Release denied and Motion to Supplement Request for Compassionate Release granted.
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.
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.
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