Mr. McWhorter filed a motion for compassionate release pro se. In response, the Government moved to dismiss the motion for failure to exhaust administrative remedies, arguing that Mr. McWhorter erroneously sent his request to his case manager rather than the warden, did not mention COVID-19, and did not explain the details of his release plan. The court found that the Government failed to carry its burden of showing that Mr. McWhorter failed to make a proper request to the warden for compassionate release before approaching the court and denied the Government's motion to dismiss. The court further ordered that Mr. McWhorter shall have 21 days from the entry of the order to file an amended counsel-drafted motion for compassionate release.
United States v. McWhorter, No. 09-cr-30046-JPG, 2021 BL 179674 (S.D. Ill. May 14, 2021)
DETAILS
Decision
Date
05/14/2021
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Illinois
Type of Case
Individual
Case Characteristics
Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
3:09-cr-30046-JPG
MORE CASE INFORMATION
Court Name
S.D. Ill.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Greenville
Legal Authority
First Step Act Exhaustion
Convictions
Conspiracy to Manufacture and Distribute Methamphetamine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A)
Case Status
Decision Made
Pre-Existing Health Conditions
Other, Breathing Ailments
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
Not Discussed
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.
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.