The court granted an individual's unopposed motion for compassionate release when he had 3 months left of his 262-month sentence. The court noted his various respiratory illnesses and the risk of COVID-19. The court found that the individual was not required to seek relief from BOP because it would be futile, as he had an open misdemeanor case which BOP advised rendered him ineligible for home confinement.
United States v. Powell, No. 1:94-cr-00316-ESH, 2020 U.S. Dist. LEXIS 62546 (D.D.C. Mar. 28, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
District of Columbia
Type of Case
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
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., Exhaustion is subject to equitable exceptions.
Pre-Existing Health Conditions
Age, Asthma, Other, Sleep Apnea
Pre-Existing Health Conditions Notes
Age: 55, Asthma: severity not specified
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.