The court rejected Thomas’ motion for reduction of sentence, reasoning that he had not provided any supporting documentation for the alleged health conditions (post-traumatic stress disorder, insomnia, depression, and headaches), to show extraordinary circumstances warranting a reduction of sentence. The court also noted that these conditions had not been identified by the CDC as conditions that would increase an individual's risks of serious complications from COVID-19. Furthermore, the court noted that Thomas’s earlier declination to accept treatment in the BOP’s sex offender management program indicates that he still presented a risk to the community.
United States v. Thomas, No. 19-cr-00397-CMA, 2020 U.S. Dist. LEXIS 181929 (D. Colo. Oct. 1, 2020)
DETAILS
Decision
Date
10/01/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Colorado
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
1:19-cr-00397-CMA
MORE CASE INFORMATION
Court Name
D. Colo.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Access with Intent to View Child Pornography
Case Status
Decision Made
Pre-Existing Health Conditions
Depression, Other, PTSD, insomnia, headaches
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
Not Discussed
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.