Monte Moore moved for compassionate release, arguing that his age and preexisting conditions of high blood pressure, obesity, high cholesterol, and cardiac dysrhythmia all increased his risk of severe illness or death from COVID-19. The court concluded that these factors, the substantial amount of his sentence he had already served, and his prison's failure to adequately contain the spread of COVID-19 all weighed towards finding an "extraordinary and compelling" justification for his release. Furthermore, the court found that Moore's viable release plan and dedication to self-improvement while incarcerated demonstrated that the goals of Moore's punishment had been served. Thus, the court granted Moore's motion and reduced his sentence to time served.
United States v. Moore, No. 4:12cr104-01 (E.D. Va. Mar. 9, 2021).
DETAILS
Decision
Date
03/09/2021
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Virginia
Type of Case
Individual
Case Characteristics
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, Was sentenced as a Career Offender under the U.S. Sentencing Guidelines, Went to trial
Twelve-year period of supervised release; Moore must reside with his mother; 36 months' home detention; must contact probation office within 72 hours after release; fourteen-day self-isolation upon release; Moore may only leave his residence for employment, medical appointments, and other activities cleared by the United States Probation Office; Moore's telephone may not interfere with electronic monitoring equipment during his period of supervised release; Moore must wear an electronic monitoring device, comply with electronic monitoring procedures, and pay the costs of electronic monitoring
Convictions
Conspiracy to Possess with Intent to Distribute Cocaine Base; Distribution of Cocaine Base
Case Status
Decision Made
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
Age, Cardiac Disease, High Cholesterol, Hypertension (high blood pressure), Obesity
Pre-Existing Health Conditions Notes
Age (45), Obesity (252 pounds)
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.
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.