The court granted an individual's request for compassionate release under the First Step Act, doing so on the basis of his pre-existing conditions and the conditions at FCI Terminal Island. The incarcerated individual was convicted of conspiring to sell oxycodone and had a prior history of drug dealing convictions; his health issues included obesity, pre-diabetes, and hypertension. On the issue of exhaustion, the court ruled that it had been thirty days since the individual made his initial request for release and also noted that he had continued to make requests with the warden even after petitioning the court. The court was especially critical of how the government handled this issue in general, noting that "over the past few months, the BOP has—on several occasions—incorrectly represented the status of inmates’ exhaustion efforts." On the merits, the court ruled that given his health issues, the widespread transmission of Covid-19 at the facility (as "9 prisoners have died at Terminal Island and nearly 67% have been infected"), and the non-violent nature of his crimes, the individual should be granted compassionate release.
United States v. Richardson, No. 2:17-cr-00048-JAM, 2020 U.S. Dist. LEXIS 108043 (E.D. Cal. June 19, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
FCI Terminal Island
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, U.S.S.G. § 1B1.13
Must undergo 14 day quarantine after which he will be immediately released from prison into supervised release at the “Good Cause Sacramento” Outreach program
Current conviction: conspiracy to distribute oxycodone; "described as a 'prolific drug dealer' that committed additional crimes on six occasions 'while on parole or supervision''"
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.