Order denying further reduction in sentence or release for defendant, who received a presidential commutation. Although defendant had spent over 20 yeas in jail, his career offender status and serious criminal history justified no reduction of his sentence from the commutation. Reduction to time served due to COVID-19 was denied because (1) his assertion that he was high risk does not pertain to his medical care or treatment for a current condition, since he does not allege he has COVID-19; (2) there is no evidence that Defendant would receive better medical care outside of prison; and (3) defendant, filing with counsel, did not request compassionate release under 18 U.S.C. § 3582(c)(1) and a sentence reduction solely under 18 U.S.C. § 3553(a)(2)(D) is not the correct avenue for relief.
United States v. Tennille, No. 96-cr-16 (JMH), 2020 WL 2832223 (E.D. Ky. May 29, 2020)
DETAILS
Decision
Date
5/29/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Kentucky
Type of Case
Individual
Case Characteristics
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
No
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a significant criminal history, Was sentenced as a Career Offender under the U.S. Sentencing Guidelines, Went to trial
Possession with intent to distribute in excess of 50 grams of cocaine, with two prior felony drug convictions, subjecting him to a mandatory life sentence under the career offender US sentencing guidelines.
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
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.