Petitioner moved for compassionate release, citing his pre-existing health conditions, including hypertension, prediabetes, and obesity. The court denied the motion because an inmate must show both "a particularized susceptibility to the disease and a particularized risk of contracting the disease at his prison facility." The court found that the latter prong (risk of contracting COVID) was absent because as of the decision date, there were no cases of COVID at the facility. The court further held that the petitioner posed a danger to the community because of the severity of the crimes he was convicted for (as well as his prior criminal history) and because of the fact that he had only served 10% of his sentence. Lastly, the court noted that the petitioner's release plan (living in NYC) would not reduce his risk of contracting COVID.
United States v. Sheppard, No. 2:19cr128, 2020 U.S. Dist. LEXIS 180280 (E.D. Va. Sept. 29, 2020)
DETAILS
Decision
Date
09/29/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Virginia
Type of Case
Individual
Case Characteristics
Pre-Existing Health Conditions, Significant Criminal History
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
2:19-cr-00128-RBS-RJK
MORE CASE INFORMATION
Court Name
E.D. Va.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Loretto
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Heroin possession, manufacturing, and distribution charges. Release date is 04/28/2031. Also has a prior conviction for criminal sale of a controlled substance.
Case Status
Decision Made
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.