The court denied petitioner's motion for Compassionate Release on the basis that he "has not provided extraordinary or compelling reasons for compassionate release." The court held that the petitioner had properly exhausted his administrative remedies prior to bringing his motion to this
Court. However, despite being sixty-one years old with a history of hypertension,
hepatitis C, fluctuating blood pressure, and conditions that place him at greater risk of suffering a heart attack, the court found that he "failed to prove that he is
particularly susceptible to the dangers of COVID-l9" in accordance with CDC guidance. In addition, the court stated the belief that his conditions have been effectively managed while at Moshannon and will continue to be. Lastly, the court stated that based on statutory sentencing factors, the petitioner poses a danger to the community that prevents his release even if he were able to show a particularized susceptibility to the virus and a particularized risk of contracting the virus at Moshannon.
United States v. Plasencia, No. 1:03-CR-400, 2020 WL 5624139 (E.D. Va. Sept. 18, 2020)
DETAILS
Decision
Date
09/18/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Virginia
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
1:03-cr-00400-CMH
MORE CASE INFORMATION
Court Name
E.D. Va.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
Moshannon Valley Correctional Facility
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Legal Authority
U.S.S.G. § 1B1.13
Convictions
"Possession with Intent to Distribute Cocaine;" "Possession of a Firearm in Furtherance of a Drug Trafficking Crime"; "Possession of a Firearm by a Convicted Felon"
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.
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.