The court granted a motion for compassionate release for individual as they suffered from serious health issues, complied with the exhaustion requirements, and played only a minor role in a serious crime.
United States v. Norris, No. 7:19-cr-36-BO-2, 2020 WL 2110640 (E.D.N.C. Apr. 30, 2020)
DETAILS
Decision
Date
4/29/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Bond Hearing, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
North Carolina
Type of Case
Individual
Case Characteristics
Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a significant criminal history
Case Tracking Number
19-cr-36-BO-2
MORE CASE INFORMATION
Court Name
E.D.N.C.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
Piedmont Regional Jail in Farmville, Virginia
Legal Authority
Eighth Amendment - Deliberate Indifference, Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), § 2241 Habeas, § 2254 Habeas
Release Conditions
Sentence modified to term of probation with home detention and electronic monitoring.
Convictions
Conspiracy to distribute and possess with intent to distribute fifty grams or more of methamphetamine; Distribution of fifty grams of methamphetamine
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., Other, Statutory exhaustion requirement not excusable by the court
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