Petitioner moved for compassionate release based on pre-existing health conditions (Type 1 Diabetes, heart disease, high cholesterol, and a "weakened immune system"). First, the court found that the petitioner failed to exhaust adminstrative remedies because the BOP did not receive a compassionate release request from the petitioner. Second, the court found that the medical evidence only supported petitioner's health claim of Type 1 Diabetes. The court held that Type 1 Diabetes alone (without other comorbidities) does not significantly increase risk of serious COVID-19 illness. Next, the court held that the petitioner had a violent history and had a high recividisvm risk. The court ultimately rejected petitioner's motion.
United States v. Renicks, No. 17-CR-30015, 2020 WL 5801075 (C.D. Ill. Sept. 29, 2020)
DETAILS
Decision
Date
09/29/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Illinois
Type of Case
Individual
Case Characteristics
Pre-Existing Health Conditions, Significant Criminal History
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
3:17-cr-30015-SEM-TSH
MORE CASE INFORMATION
Court Name
C.D. Ill.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Butner Medium II
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Intent to distribute more than 28 grams of cocaine; felon in possession of a firearm
Case Status
Decision Made
Pre-Existing Health Conditions
Cardiac Disease, Diabetes, High Cholesterol, Other, Petitioner claimed a generalized "weakened immune system"
Pre-Existing Health Conditions Notes
Diabetes (Type 1)
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.