The court granted Sain's compassionate release motion despite the government's arguments that Sain had not exhausted remedies and that Sain's significant criminal history indicated he was a danger to the community. The court disagreed and found that "[w]hile Sain did not fully exhaust all administrative rights to appeal with the prison, he did wait 30 days after he sent his request to the prison before filing his motion." It also concluded that Sain was not a threat to the community because 1) "Sain has not committed a violent offense for nearly 22 years," 2) received recommendations from his prison officers advocating he had been rehabilitated, and 3) the BOP's classified Sain as a "minimum security threat." The court also cited Sain's asthma and stage 3 kidney disease as making him especially vulnerable to COVID if he were to be infected.
United States v. Sain, No. 07-20309, 2020 WL 5906167 (E.D. Mich. Oct. 6, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Compassionate Release Case
Compassionate Release Specific Characteristics
Has a significant criminal history, Went to trial
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
United States Penitentiary in Atlanta
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
"once Sain arrives at his mother’s home, he must quarantine there for 14 days"
"(1) Conspiracy to Possess with Intent to Distribute and to Distribute Marijuana, in violation of 21 U.S.C. §§ 841(a)(1) and 846; and (2) Possession with Intent to Distribute Marijuana in violation of 21 U.S.C. §841(a)(1) and 18 U.S.C. § 2 (aiding and abetting)." Priors include "possession of brass knuckles in 1990, aggravated assault in 1994 and 1995, delivery of less than 50 grams of cocaine in 1999, and assault with intent to do great bodily harm later in 1999."
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.