U.S. v. Stewart (W.D. Tenn.) - Compassionate Release Denied - Non-CDC Risk Category
Defendant Stewart moved for compassionate release pursuant §3582(c)(1)(A) due to (i) Stewart's age (50) (ii) history of Parkinson’s Disease and (iii) a “neurological progressive disease and endocrinological disease which causes him to aspirate frequently,” heightening Stewart's risk of COVID-19. Ultimately, Stewart’s request was denied due to (i) sealed Government records revealing no evidence of a neurological or endocrinological disease, (ii) recent records showing that Steward can walk without assistance or devices and thus can provide self-care in the prison setting, and (iii) no evidence in the record to suggest he cannot provide for his personal needs. Exhaustion was deemed waived by government due to not raising the issue. Thus, Stewart’s request was denied due to his failure to demonstrate extraordinary and compelling reasons for relief.
United States v. Stewart, No. 1.08-CR-10049-JDB-1, 2020 WL 5607824 (W.D. Tenn. Sep. 18, 2020)
DETAILS
Decision
Date
09/18/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Tennessee
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
1:08-cr-10049-JDB
MORE CASE INFORMATION
Court Name
W.D. Tenn.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Legal Authority
U.S.S.G. § 1B1.13
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
Other, The government can waive any objection to defendant's motion for compassionate release on exhaustion grounds.
Pre-Existing Health Conditions
Age, Other, Parkinson's disease
Pre-Existing Health Conditions Notes
Age (50)
COVID-19 Positive or Symptomatic
Yes
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.