Petitioner sought compassionate release based on his pre-existing health conditions (obesity and taking immunocompromising medication). Petitioner argued that he had tested positive for COVID-19 and experienced symptoms, and that he was at risk of becoming infected again and was experiencing complications due to his pre-existing conditions. The court rejected this argument because it did not find petitioner's health conditions serious enough to warrant release. The court also held that the Section 3553 factors mitigated against release, noting specifically the seriousness of petitioner's offenses.
United States v. Moren, No. CR 5:17-01, 2020 WL 6074629 (E.D. Ky. Oct. 15, 2020)
DETAILS
Decision
Date
10/15/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Kentucky
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
5:17-cr-00001-KKC
MORE CASE INFORMATION
Court Name
E.D. Ky.
Decision
Motion Denied
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Drug possession (methamphetamine) with intent to distribute; felon in possession of firearm. Projected release date is 06/07/2026 (served ~33% of sentence). Also had unspecified prior drug offenses.
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.
Petitioner states he tested positive for and had COIVD-related symptoms such as "such as severe fatigue, shortness of breath, chest pressure, and loss of sense of smell and taste."
COVID-19 Positive or Symptomatic
Yes
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.