The court granted Robinson’s renewed motion for compassionate release after several changes in circumstances. His claim was now properly exhausted given the lapse of 30 days since his request to the warden, and the government did not take a position on the current motion. The court acknowledged that while Robinson’s COVID-19 fears had been “hypothetical” before, Lompac had since become a “hotspot” for the virus. The court also took into account supplemental information provided by Robinson about his immunosuppressant medications and noted that he had been hospitalized twice while incarcerated due to lack of medication.
United States v. Robinson, No. 18-cr-00597-RS-1, 2020 United States Dist. LEXIS 73575 (N.D. Cal. Apr. 27, 2020)
DETAILS
Decision
Date
4/27/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
California
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Case Tracking Number
3:18-cr-00597-RS
MORE CASE INFORMATION
Court Name
N.D. Cal.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
USP Lompoc
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
Subject to home confinement at his parents’ home; Shall then complete the three-year term of supervised release imposed in the original sentence
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.