The court rejected a CARES Act claim for lack of jursidction and held that it was a motion for compassionate release, over which the court also did not have jurisdiction for failure to exhaust.
United States v. Nash, No. 15-cr-445, 2020 WL 1974305 (Apr. 8, 2020)
Criminal (Federal Charges)
Class Certification, Preliminary Injunction (PI), Release
Type of Court
Federal District Court
Type of Case
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Compassionate Release Specific Characteristics
Has a disciplinary history, Has a significant criminal history
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Federal Prison, Private prison
Name of Facility
Eighth Amendment - Deliberate Indifference
CARES Act, Pub. L. No. 116-136, First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Rehabilitation Act, § 2241 Habeas
Possession of a firearm by a prohibited person.
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, Asthma, Cancer, Cardiac Disease, Diabetes, High Cholesterol, Hypertension (high blood pressure), Kidney Disease, Lung Disease, Other, Smoking, One or more disabilities recognized by the Rehabilitation Act
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.