Denial of compassionate release to individual with Non-CDC risk category health conditions. Court referenced the individual's significant criminal history including assault convictions and probation violations, stating that his release would be an "immediate danger to the community." The Court did not consider exhaustion because the request failed on its merits.
United States v. Miller, 2020 WL 2558042 (N.D. Ohio May 20, 2020)
DETAILS
Decision
Date
5/20/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Improved Conditions, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Ohio
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Other, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Bond request while habeas petition for actual innocence pending
Release Granted
No
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a disciplinary history, Has a significant criminal history
Case Tracking Number
15-CR-463-JRA
MORE CASE INFORMATION
Court Name
E.D. Mich.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Gilmer
Legal Authority
Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
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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