Petitioner moved for compassionate release, citing his pre-existing health conditions of asthma and type 2 diabetes. Petitioner also served 42 months of a 48 month sentence. The court also cited concern about the possibility of COVID-19 impacting FCI Cumberland during the upcoming winter. The court found these health conditions and the fact that petitioner served the most of his sentence to justify compassionate release. The court granted release even though the petitioner had a significant criminal history.
United States v. Smith, No. 17-CR-0650-PWG, 2020 WL 5893737 (D. Md. Oct. 5, 2020)
DETAILS
Decision
Date
10/05/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Maryland
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a significant criminal history
Case Tracking Number
8:17-cr-00650-PWG
MORE CASE INFORMATION
Court Name
D. Md.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Cumberland
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
Six months of home confinement, with location monitoring, as
directed by the probation officer
Convictions
Felon in Possession of a Firearm. Has served 42 months of a 48 month sentence.
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.
Pre-Existing Health Conditions
Asthma, Diabetes
Pre-Existing Health Conditions Notes
Diabetes (Type 2); Asthma (moderate to severe)
COVID-19 Positive or Symptomatic
No
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.
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