Petitioner moved for compassionate release, citing unspecified upper respiratory infections, asthma, and anxiety. Petitioner also tested positive for COVID-19 and experienced mild symptoms. The court denied the motion because there was no medical documentation of petitioner's asthma or upper respiratory infections. There was documentation of petitioner's anxiety, but the court found that this was not serious enough to be the basis for release. He also was transferred from the original facility where he was being held, which had a serious COVID-19 outbreak; thus, he could no longer rely on the conditions at the facility to justify his release.
United States v. Russ, No. 3:18-CR-00240, 2020 WL 6083309 (M.D. Tenn. Oct. 15, 2020)
DETAILS
Decision
Date
10/15/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Tennessee
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
3:18-cr-00240
MORE CASE INFORMATION
Court Name
M.D. Tenn.
Decision
Motion Denied
Place of Incarceration
Local / County Jail
Name of Facility
Tallahatchie County Correctional Facility, but transferred out to another facility
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Felon in possession of firearm
Case Status
Decision Made
Pre-Existing Health Conditions
Anxiety, Asthma
COVID-19 Positive or Symptomatic
Yes
COVID-19 in Jail Prison or Detention Center
No
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.