The court granted compassionate release under the First Step Act for individual who had served 22 and a half years of his 55-year conviction for armed bank robbery, unarmed bank robbery, and carrying a firearm during a crime of violence. The court determined that the individual exhibited an extraordinary reason for compassionate release due to his: (a) good conduct and accomplishments in prison, (b) pre-existing pulmonary hypertension, (c) unusual and extraordinary family and community support, and (d) increased maturity from the time of commission. The court did not rule on whether the individual had exhausted his administrative remedies but noted that the defense had submitted a warden’s denial of release based on COVID-19.
United States v. Mack, No. 2:98-cr-162, 2021 WL 1099595 (S.D. Ohio, Mar. 23, 2021)
DETAILS
Decision
Date
03/23/2021
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Ohio
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a significant criminal history, Went to trial
Case Tracking Number
2:98-cr-00162-JLG-EPD
MORE CASE INFORMATION
Court Name
S.D. Ohio
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
United States Penitentiary Leavenworth
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
shall participate in a program of testing and treatment for alcohol and controlled substance abuse, and will make a co-payment for treatment services not to exceed $25.00 per month, which is determined by the petitioner's ability to pay; seek and maintain full-time employment; pay the balance remaining on his restitution obligation of $68,032 and the special assessment fee of $1,200 (shall make monthly payments $100.00 towards this restitution obligation, commencing 90 days after the defendant’s release); the petitioner will have a new term of supervised release lasting 10 years and, following the end of this period, will begin previously imposed terms of concurrent supervised release
Convictions
armed bank robbery in violation of 18 U.S.C. §2113(a) and (b); carrying a firearm during a crime of violence in violation of 18 U.S.C. §924(c); unarmed bank robbery in violation of 18 U.S.C. §2113(a)
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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