Petitioner moved for compassionate release. The court granted petitioner's motion because (1) petitioner had health conditions that satisfied the CDC risk factors (obesity and Type 2 diabetes), (2) there were COVID cases at the prison, and (3) petitioner had an impressive record during his imprisonment (model inmate and no disciplinary violations). The petitioner had also served a significant portion of his sentence. The court noted that he would be safer from infection by staying with his parents than if he were to remain incarcerated.
United States v. Rank, No. 3:06-cr-03011-LTS-KEM (N.D. Iowa Sept. 29, 2020)
DETAILS
Decision
Date
09/29/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Iowa
Type of Case
Individual
Case Characteristics
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
3:06-cr-03011-LTS-KEM
MORE CASE INFORMATION
Court Name
N.D. Iowa
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Greenville
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
Supervised release. Petitioner was going to live with his parents.
Convictions
Felony manufacturing and distribution offenses (methamphetamine). Petitioner served 73% of sentence. Also has similar methamphetamine-related prior offenses from the past.
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, Diabetes, Hypertension (high blood pressure), Liver Disease, Obesity, Other, Mild paraseptal emphysema; hyper-inflation of the lungs
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.