The court determined that Morrissey's pregnancy, combined with her other health issues, including polycystic ovary syndrome, qualified as extraordinary and compelling reasons to warrant her release. Additionally, her offense was nonviolent, she lacked extensive criminal history, and had a strong release plan to live with her father. The government conceded that Morrissey was not a threat to society if she were to be released, and the court found that the § 3553(a) factors weighed in her favor.
United States v. Morrissey, No. 8:18CR275, 2020 WL 5849645 (D. Neb. Oct. 1, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Low-Level Offenses, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Other, Family Guidance Center - Mothers and Infants Together (“MINT”) program
Name of Facility
Family Guidance Center - Springfield, IL
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Sentence reduced to time served, followed by three years supervised release; modified terms of supervised release to require her to spend three months in home detention, with home detention starting as soon as possible; released with no quarantine period (within 3 days of the order); must proceed to her father's residence and self-quarantine for 14 days or as directed by probation officer; must contact the probation officer w/in 24 hours upon release
possession with intent to distribute 100 grams or more of a substance containing heroine
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
Other, Pregnant; Polycystic ovarian syndrome; family history of hypertension
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.