The court granted the motion for compassionate release. The court waived exhaustion under the First Step Act because it was partially waived when BOP granted the individual's application for a halfway house transfer and because "judicial waiver is permissible in light of the extraordinary threat certain inmates face from COVID-19." Id. at *4. The individual had asthma and cancer and the government did not raise any substantive challenges to granting the motion.
United States v. Smith, No. 12-cr-00133, 2020 U.S. Dist. LEXIS 64371 (S.D.N.Y. Apr. 13, 2020)
Criminal (Federal Charges)
Bond Hearing, Release
Type of Court
Federal District Court
Type of Case
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Compassionate Release Specific Characteristics
Has a significant criminal history
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Federal Detention Center [typically federal pretrial detention], Federal Medical Center
Name of Facility
Metropolitan Detention Center
Procedural Due Process (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, § 2241 Habeas, U.S.S.G. § 1B1.13
36 months of supervised release; conditions imposed from original sentence; must reside at location previously designated; must self isolate from others in residence for a month; may not leave residence for that month unless seeking medical care-if leaving for medical care probation must be notified; must immediately contact NY Coronavirus hotline upon release and follow their advice; must call probation on day of release and follow their reporting instructions
conspiracy to commit access device fraud in violation of 18 U.S.C. § 1029(b)(2); conspiracy to produce false identification documents; in violation of 18 U.S.C. § 1028(f); aggravated identity theft, in violation of 18 U.S.C. § 1028A
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., Exhaustion is subject to equitable exceptions., Other, Exhaustion partially waived when BOP granted a portion of application by agreeing to transfer to halfway house; government did no raise substantive challenge to the motion; "judicial waiver is permissible in light of the extraordinary threat" of COVID-19.
Age: 62; Asthma: severity not specified; Cancer: suspected multiple myeloma
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
Organization Legal Filings Templates and Decisions
Federal Defenders of New York
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.