Petitioner moved for compassionate release, arguing that his health conditions (age of 64 and COPD) and the conditions at FCI Beaumont Low (several COVID-positive cases in the facility) put him at risk of contracting COVID-19 and developing life-threatening symptoms from it. The court denied his release, stating that "[a]lthough the facility had reported a significantly higher number of COVID-19 cases over the past few months, the virus appears under control [currently, 2 inmates and 1 staff member COVID-positive and no deaths] if not quiescent at this time." The court also emphasized petitioner's extensive criminal conduct, as he had an unabated history of viewing child pornography and showed few signs of rehabilitation, and release would not reflect the gravity of his offenses. The court specifically noted its concerns with the petitioner’s release plan, which would have involved staying with his son and daughter-in-law who have two small children, stating that it “takes no comfort in the fact that Defendant is the children’s grandfather.”
United States v. Murphy, 2020 BL 355769 (S.D. Tex. Sep. 17, 2020)
DETAILS
Decision
Date
9/17/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Texas
Type of Case
Individual
Case Characteristics
Pre-Existing Health Conditions, Significant Criminal History
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
4:17-cr-00127
MORE CASE INFORMATION
Court Name
S.D. Tex.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Beaumont Low
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Receipt and possession of child pornography
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.
Pre-Existing Health Conditions
Age, Lung Disease
Pre-Existing Health Conditions Notes
Lung Disease (Chronic obstructive pulmonary disorder); Age (64)
COVID-19 Positive or Symptomatic
No
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.