Compassionate release denied to individual who did not satisfy exhaustion requirement. Court held that exhaustion requirement was not subject to equitable exceptions, but reprimanded the government for continuing to require exhaustion during a pandemic, saying that this creates a "fundamentally unjust, chaotic system."
United States v. McIndoo, No. 1:15-cr-00142 EAW, 2020 WL 2201970 (W.D.N.Y. May 6, 2020).
DETAILS
Decision
Date
5/6/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Improved Conditions, Other, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO), Compensatory and punitive damages and injunctive relief
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
Release Granted
No
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a significant criminal history, Only served a small portion of their sentence (less than 33%), Was sentenced as an Armed Career Criminal under the Armed Career Criminal Act (ACCA)
Case Tracking Number
15-CR-00142-EAW
MORE CASE INFORMATION
Court Name
W.D.N.Y.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Elkton
Legal Authority
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
RICO conspiracy; Possession of firearms in furtherance of drug trafficking
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
Other, Exhaustion is not subject to equitable exceptions
Pre-Existing Health Conditions
Age, Cancer, Diabetes, Hypertension (high blood pressure), Other, In need of orthopedic surgery
COVID-19 Positive or Symptomatic
Not discussed
COVID-19 in Jail Prison or Detention Center
Yes
Litigation Database
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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