The court summarized three circumstances that constitute "extraordinary and compelling reasons" for compassionate release, including the "medical condition of the defendant." The Defendant in this case suffers from end stage renal disease, diabetes, and arterial hypertension, all of which make him particularly vulnerable to COVID-19, and had his right foot amputated, which hindered his mobility, diminishing his ability to care for himself in prison. Accordingly, because the Defendant had completed approximately 80% of his reduced prison sentence, and does not pose a threat to the community given he is confined to a wheelchair, his offense was non-violent, and he will be under the care of his mother upon release, the Court granted the Motion for Compassionate Release and ordered the release of the Defendant.
United States v. Muniz, No. 4:09-cr-00199 (S.D. Tex. Mar. 30, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
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
Federal Medical Center Butner
Antiterrorism and Effective Death Penalty Act (AEDPA) [arises with “second or successive habeas petitions”], Bail Reform Act, Bail Pending Sentence or Appeal, 18 U.S.C. § 3143, First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, § 2255 Habeas, 18 U.S.C. § 3553(a)(2)(D), Fed. R. Civ. P. 35(a)
Conspiracy to possess with intent to distribute a controlled substance in violation of 21 U.S.C. 846, 841(a)(1), (b)(1)(A(ii), (b)(1)(A)(viii)
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.
Are there cases with similar facts where the offense was violent and the court granted release or compassionate release?
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.