Moorer filed for compassionate release, and the court found that he had exhausted his administrative remedies because more than 30 days passed between the time he petitioned FCI Danbury for release and the filing of the motion, even though the Warden did not respond. Moorer presented compelling reasons for his release, as he had a history of obesity, type 2 diabetes, and anemia, all conditions making him particularly susceptible to complications if he were to contract COVID-19. The court found that granting compassionate release accorded with the §3553 sentencing factors, as Moorer had served most of his sentence, had no pre-sentence violent criminal history, maintained good conduct, and participated in drug and vocational programs, suggesting that he was at a decreased risk of recidivism.
United States v. Moorer, No. 1:14-cr-214, 2020 U.S. Dist. LEXIS 175669 (N.D. Ohio Sep. 24, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Moorer will serve the balance of his sentence on home confinement under the same conditions as his supervised release; court gives work release; probation officer must accommodate home release needed to enable his care for his mother and stepbrother; 14-day pre-transfer quarantine; supervised release term remains at 5 years.
conspiracy to possess with intent to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1), 841 (b)(1)(A), and 846
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
Diabetes, Obesity, Other, Anemia
Pre-Existing Health Conditions Notes
Obesity (BMI not specified)
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
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.