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)
DETAILS
Decision
Date
4/24/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Class Certification, Preliminary Injunction (PI), Release
Type of Court
Federal District Court
Location
Kansas
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a disciplinary history, Has a significant criminal history
Case Tracking Number
15-cr-445
MORE CASE INFORMATION
Court Name
D. Kan.
Decision
Motion Denied
Place of Incarceration
Federal Prison, Private prison
Name of Facility
Unknown
Legal Authority
Eighth Amendment - Deliberate Indifference
Legal Authority
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
Convictions
Possession of a firearm by a prohibited person.
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, 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
Not discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
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