The court granted a compassionate release for Ms. Schneider despite her not exhausting administrative remedies under the First Step Act. The court found it had jurisdiction to rule because the BOP exhaustion was just a procedural rule, since Congress did not clearly state is was otherwise and that Congress' intent could not have been to require exhaustion under these circumstances. Due to the individual's pre-existing health conditions and the wait times for exhaustion during a deadly pandemic, "[m]andating the exhaustion requirement in this case and other cases around the country during the COVID-19 pandemic cannot be what Congress intended." The court did clarify that it was not ruling broadly on exhaustion but that it was still making case-by-case judgements. The court then determined that the defendant was able to demonstrate that her pregnancy and medical conditions in the context of the COVID pandemic created an extraordinary and compelling reason for release; she did not pose a danger to the community because her crimes were nonviolent and she would be living with her parents; and she only had four months remaining on her sentence.
United States v. Schneider, 2020 WL 2556354 (C.D. Ill. May 20, 2020)
DETAILS
Decision
Date
05/20/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Illinois
Type of Case
Individual
Case Characteristics
Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a disciplinary history
Case Tracking Number
14-cr-30036-SEM
MORE CASE INFORMATION
Court Name
C.D. Ill.
Decision
Motion Granted
Place of Incarceration
Other, Adjoining satellite camp for incarcerated mothers/expectant mothers
Name of Facility
Family Guidance Center (adjacent to FCI Greenville), Springfield, IL
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
Defendant to serve a term of supervised release of 3 months and 20 days with the following conditions: During her term of supervised release, Defendant shall not commit another federal, state, or local crime. She shall not unlawfully use or possess a controlled substance. She shall submit to one drug test within 15 days of release from imprisonment and two drug tests thereafter, as directed by the probation officer. Pursuant to 34 U.S.C. § 40702, Defendant shall cooperate in the collection of DNA as directed by the probation officer or the BOP.
1. You shall not knowingly leave the federal judicial district in which you are approved to reside without the permission of the Court.
2. You shall report to the probation office in the district to which you are released within 72 hours of release from custody. You shall report to the probation officer in a reasonable manner and frequency as directed by the Court or probation officer.
3. You shall follow the instructions of the probation officer as they relate to your conditions of supervision. You shall answer truthfully the questions of the probation officer as they relate to your conditions of supervision, subject to your right against self-incrimination.
4. You shall notify the probation officer at least ten days prior to, or as soon as you know about, any changes in residence or any time you leave a job or accept a job.
5. You shall permit a probation officer to visit you at home between the hours of 6 a.m. and 11 p.m., at your place of employment while you are working, or at the locations of your court-ordered treatment providers. You are required to possess the technology necessary for your probation officer to conduct a virtual home visit. Visits may be conducted at any time if the probation officer has reasonable suspicion to believe that you are in violation of a condition of supervised release or if you or a third party has reported that you are unable to comply with a directive of the probation officer because of illness or emergency. During any such visit, you shall permit confiscation of any contraband observed in plain view of the probation officer.
6. You shall notify the probation officer within 72 hours of being arrested or questioned by a law enforcement officer. This condition does not prevent you from invoking your Fifth Amendment right against self-incrimination.
7. You shall not knowingly possess a firearm, ammunition, destructive device as defined in 18 U.S.C. § 921(a)(4), or any object that you intend to use as a dangerous weapon as defined in 18 U.S.C. § 930(g)(2).
8. You shall not knowingly be present at places where you know controlled substances are illegally sold, used, distributed, or administered.
9. You shall not knowingly meet, communicate, or otherwise interact with any person whom you know to be a convicted felon or to be engaged in, or planning to engage in, criminal activity, unless granted permission to do so by the Court.
10. You shall serve your entire term of supervised release in home confinement. The home confinement will start as soon as possible after your term of supervised release begins. You shall be monitored by telephonic monitoring. During this time, you will remain at your place of residence at all times and shall not leave except when such leave is approved in advance by the U.S. Probation Office or in the event of a medical emergency.
Convictions
Conspiracy to possess a mixture or substance containing a detectable amount of meth with intent to distribute (21 USC § 841(a)(1)); Probation/supervised release revoked multiple times thereafter was reasoning for listing as "disciplinary history" (twice in 2017, 2019)
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
Exhaustion is subject to equitable exceptions.
Pre-Existing Health Conditions
Asthma, Other, Substance Use Disorder, Pregnancy; Hypogammaglobulinemia (immune disorder)
Pre-Existing Health Conditions Notes
Asthma (allergy-induced, controllable with inhaler); Substance Use Disorder (unclear exactly which but she had multiple violations of supervised release for marijuana or morphine possession following initial meth conviction)
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
No
Potential Research
First Step Act exhaustion and how what Congress did or did not intend doesn't apply to the COVID pandemic
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.