Price's motion for compassionate release was granted because of the change in sentencing guidelines for his conviction. He received a mandatory minimum life sentence for a single count of possession with intent to distribute PCP because of his two prior drug convictions. If he was sentenced today, he would have served the minimum 15 years. The court recognized that two of his co-conspirators who played larger roles in the operation were already granted compassionate release. Since all of Price's convictions were nonviolent, "the Court finds that none of the purposes of sentencing would be served by continuing to incarcerate Mr. Price." The court also mentioned that since Price was 57 years old and had some unspecified health conditions, he was vulnerable to COVID.
United States v. Price, No. 07-0152-06 (ESH), 2020 WL 5909789 (D.D.C. Oct. 06, 2020)
DETAILS
Decision
Date
10/06/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
District of Columbia
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Went to trial
Case Tracking Number
1:07-cr-00152-ESH
MORE CASE INFORMATION
Court Name
D.D.C.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
United States Penitentiary Lewisburg
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
"the Court will modify the conditions of supervised release to include a three-month period of home detention, with location monitoring at the discretion of the Probation
Office."
Convictions
"convicted of a single count of conspiracy to possess with intent to distribute and to distribute one kilogram or more of phencyclidine (“PCP”), in violation of 21 U.S.C. §§ 846, 841(a)(1), 841(b)(1)(A)(iv), 851" and "two prior drug convictions"
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, Other, the court vaguely refers to "some health issues"
Pre-Existing Health Conditions Notes
Age (57)
COVID-19 Positive or Symptomatic
Not Discussed
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.