Petitioner moved for compassionate release due to increased risk of COVID-related health complications, including asthma, hypertension, type-2 diabetes, and obesity; his mother had also recently died of COVID "in light of the exact health issues that the defendant suffers." The court held that petitioner failed to exhaust administrative remedies because the petitioner did not request the warden to consider his underlying medical conditions. The court further held that even if petitioner exhausted, the petitioner failed to show extraordinary and compelling reasons for his release because there was no medical documentation of his underlying health conditions and he does not meet the age-based criteria to warrant release (as he is only 46).
United States v. Thomas, No. 8:15-CR-350-T-27TGW, 2020 WL 5797757 (M.D. Fla. Sept. 29, 2020)
DETAILS
Decision
Date
09/29/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Florida
Type of Case
Individual
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
8:15-cr-00350-JDW-TGW
MORE CASE INFORMATION
Court Name
M.D. Fla.
Decision
Motion Denied
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Possession with intent to distribute cocaine, crack cocaine, and cocaine base.
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.