The court granted Phillip Smith compassionate release pursuant to 18 U.S.C. § 3582(c)(1)(A) due to Smith’s advanced age (62), compromised health (asthma, high cholesterol, blood clots, a thyroid condition, and suspected multiple myeloma (a cancer of the bone marrow)), and his status as a “high-risk” inmate who was especially vulnerable to contracting COVID-19. Neither the government nor the Bureau of Prisons (BOP) disputed that extraordinary and compelling reasons existed for Smith’s immediate release, but the issue was whether Smith had fully exhausted all of his administrative rights. The court found that the exhaustion requirement could be waived in this case because (1) the BOP had already granted Smith’s transfer to a halfway house (which was a step before complete release), (2) the court had already determined that the 18 U.S.C. § 3553(a) factors warranted Smith’s compassionate release, and (3) the court had the discretion to waive in light of the extraordinary threat certain inmates faced from COVID-19.
United States v. Smith, No. 12 CR. 133, 2020 WL 1849748 (S.D.N.Y. Apr. 13, 2020)
DETAILS
Decision
Date
4/13/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Case Tracking Number
1:12-cr-00133-JFK
MORE CASE INFORMATION
Court Name
S.D.N.Y.
Decision
Motion Granted
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Name of Facility
Metropolitan Detention Center, Brooklyn
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
Smith must reside at the location designated in his filing; Smith must self-isolate from others at the Residence until May 31, 2020 (decision date April 13); Upon release, Smith must immediately contact the New York State 24-Hour Coronavirus Hotline and follow the medical and social distancing advice he receives; Smith must call his Probation Officer the day he is released, and he must strictly follow the Probation Officer’s instructions for reporting
Convictions
Conspiracy to commit access device fraud; conspiracy to produce false identification documents; aggravated identity theft
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
Exhaustion is subject to equitable exceptions.
Pre-Existing Health Conditions
Age, Asthma, Cancer, High Cholesterol, Other, Blood Clots, Thyroid Condition
Pre-Existing Health Conditions Notes
Age (62); Asthma (not specified); Cancer (suspected multiple myeloma - a cancer of the bone marrow)
COVID-19 Positive or Symptomatic
Not discussed
COVID-19 in Jail Prison or Detention Center
Yes
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.