Smith was incarcerated after a jury found him guilty of four counts of being a felon in possession of firearms and ammunition. He moved for compassionate release due to the COVID-19 pandemic because he has asthma, COPD, and a hernia, but the government opposed the motion. The court found that Smith met the standard for "extraordinary and compelling reasons," due to his medical condition and the increased risk of serious illness from COVID-19, but it also found that, based on his significant criminal history and the nature of his past convictions and pending charges, he failed to show that he would not be a danger to any other person or to the community if released. Therefore, the court denied his request for compassionate release. The court also denied his motion for appointment of counsel, finding that the compassionate release arguments are not beyond the capability of an ordinary pro se litigant.
United States v. Smith, No. 3:18-cr-053-RLJ-HBG, 2020 U.S. Dist. LEXIS 177491 (E.D. Tenn. Sept. 28, 2020)
DETAILS
Decision
Date
09/28/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Other, Release, Appointment of counsel
Type of Court
Federal District Court
Location
Tennessee
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
3:18-cr-00053-RLJ-HBG
MORE CASE INFORMATION
Court Name
E.D. Tenn.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Terre Haute
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, 18 U.S.C. 3006A
Convictions
Conviction: felon in possession of firearms and ammunition. Prior convictions: reckless endangerment with a motor vehicle; theft; reckless driving; simple assault (three convictions); evading arrest; failure to appear (two convictions); multiple controlled substance offenses; and two probation revocations.
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.
Smith had pending charges for methamphetamine manufacture, firearm possession, and assaulting a law enforcement officer and a marshal of the court.
COVID-19 in Jail Prison or Detention Center
Not Discussed
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.