Granted release for Defendant, serving the last 26 days of his sentence for armed bank robbery in violation of 18 U.S.C. § 2113. The court found exhaustion was subject to equitable exceptions, stating: "In light of the urgency of McCarthy’s request, the likelihood that he cannot exhaust his administrative appeals during his remaining 26 days of imprisonment, and the potential for serious health consequences, the court waives the exhaustion requirement of section 3582(c)(1)(A)." Finally, the court held compassionate release was justified by Defendant's high COVID-19 risk due to his age (65), asthma, and chronic obstructive pulmonary disorder.
United States v. McCarthy, No. 92-cr-70 (JHD), 2020 WL 1698732 (D.Conn. Apr. 8, 2020)
DETAILS
Decision
Date
4/8/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release, Transfer
Type of Court
Federal District Court
Location
Connecticut
Type of Case
Individual
Case Characteristics
Elderly, 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
Case Tracking Number
92-cr-70-JCH
MORE CASE INFORMATION
Court Name
D. Conn.
Decision
Motion Granted
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Name of Facility
Metropolitan Detention Center, Brooklyn
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
Time Served
Convictions
Armed bank robbery under 18 U.S.C. § 2113
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
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.