Mr. Mark was denied compassionate release because the court found that suffering from a low immune system and being at a higher risk as a Cambodian male were not conditions listed as increased-risk factors, and thus not "extraordinary and compelling" reasons for release. Mr. Mark's general concerns about how prisons are handling the spread of COVID-19 were not directed to his current institution of confinement and thus did not warrant a compassionate release. The court cited Third Circuit precedent: “The existence of some health risk to every federal prisoner as the result of this global pandemic does not, without more, provide the sole basis for granting release to each and every prisoner within our Circuit.”
United States v. Mark, No. CR 10-742-1, 2020 WL 5801495 (E.D. Pa. Sept. 29, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Hobbs Act robbery; conspiracy to commit Hobbs Act robbery; using a firearm during the commission of a crime of violence; possession of controlled substance (while incarcerated)
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.
Pre-Existing Health Conditions
Other, Past exposure to tuberculosis; Attention Deficit Disorder
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
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.