The court concluded that Mootz did not meet the administrative exhaustion requirement to file for compassionate release because he failed to appeal the warden's denial of his application, but the court declined to decide whether failure to satisfy that requirement can be excused. Instead, the court focused on its conclusions that Mootz did not establish compelling reasons warranting release. Although Mootz demonstrated that he suffers serious medical conditions (over 65, hypertension, high cholesterol, obesity), he did not show his ability to provide self-care was substantially diminished. Under the § 3553(a) sentencing factors, the court concluded that his case did not warrant a reduction in sentence because he committed a serious offense (child pornography distribution) and served less than 40% of his sentence, and it stated that a reduction in his sentence would not "promote respect for the law, provide just punishment, or afford adequate deterrence to criminal conduct."
United States v. Mootz, No. 1:17-cr-00053-DAD-BAM, 2020 WL 5763814 (E.D. Cal. Sept. 28, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Court
State Trial Court
Type of Case
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
receipt and distribution of material involving the sexual exploitation of minors in violation of 18 USC 2252(a)(2)
Pre-Existing Health Conditions
Age, High Cholesterol, Hypertension (high blood pressure), Obesity, Other, hyperglycemia
Pre-Existing Health Conditions Notes
Age (66), Obesity (BMI 30.6)
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.