Solomon's motion for compassionate release was unopposed by the government so the court found that the exhaustion requirement had been waived. It proceeded to grant compassionate release after "[h]aving considered the particular history and characteristics of this defendant, his rehabilitative work in custody, and the fact that government agrees with defendant’s release plan" and "[found] that defendant [did] not present a danger to the community." In addition, the court acknowledged Solomon's increased susceptibility to COVID due to his previous exposure and pre-existing conditions, including obesity, chronic Hepatitis C, and a seizure disorder.
United States v. Solomon, No. 6:15-CR-00157-AA, 2020 WL 5908998 (D. Or. Oct. 6, 2020)
DETAILS
Decision
Date
10/06/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Oregon
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
6:15-cr-00157-AA
MORE CASE INFORMATION
Court Name
D. Or.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Terminal Island
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
"The Court orders that defendant be tested for COVID-19 prior to release. Defendant shall be released immediately pending a negative test for COVID-19. Should defendant test positive for COVID-19, he shall be held in custody until he can be released to Catherine Boettcher who will transport him through private transportation to her residence in Washougal, Washington. Both defendant and Ms. Boettcher shall observe appropriate protocols for transporting someone who has tested positive for COVID-19."
Convictions
"one Count of Felon in Possession of a Firearm 18 U.S.C. § 922(g)(l)"
Obesity (BMI not specified), Hepatitis (chronic Hepatitis C)
COVID-19 Positive or Symptomatic
No
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.