U.S. v. Owens (S.D. W. Va.) - Compassionate Release Denial
Mr. Owens filed a motion for compassionate release, citing that he suffers from hypertension, obesity, an abdominal hernia, and only has one kidney, so he would be at high risk of severe illness if he were to contract COVID-19. The court found that although Mr. Owens' conditions put him at a higher risk for COVID-19, he did "not allege any specific conditions at FCI Allenwood-Medium that put him at an increased risk for contracting COVID-19 when compared to other prisoners at FCI Allenwood-Medium or when compared to prisoners at other BOP Prisons." Thus, it denied the motion.
United States v. Owens, No. 2:13-CR-00073, 2020 WL 5578413 (S.D.W. Va. Sept. 16, 2020)
DETAILS
Decision
Date
9/16/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
West Virginia
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
2:13-cr-00073
MORE CASE INFORMATION
Court Name
S.D. W. Va.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Allenwood-Medium
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Conspiracy to distribute cocaine
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
Hypertension (high blood pressure), Obesity, Other, Abdominal hernia, no left kidney
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.