The court denied Petitioner's motion for compassionate release from FCI Elkton. Although the facility had reported 946 positive tests, and Thomas had various pre-existing conditions including his age of 72, past history of cancer, and sickle cell, the court found that it was unlikely Thomas would be able to receive better medical care or be safer from COVID-19 elsewhere. The court also stated that Thomas “ha[d] managed to live through the worst of times at FCI Elkton without contracting the virus.” Finally, the court pointed to the lengthy sentence imposed by the trial judge and Thomas’s criminal history to determine that the factors weighed against release.
United States v. Thomas, No. 1:11-CR-22-HAB, 2020 WL 5640745 (N.D. Ind. Sept. 22, 2020)
DETAILS
Decision
Date
09/22/20
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Indiana
Type of Case
Individual
Case Characteristics
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
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
Case Tracking Number
1:11-cr-00022-HAB-SLC
MORE CASE INFORMATION
Court Name
N.D. Ind.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Elkton
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Conspiracy to Distribute and Possess with Intent to Distribute Five Kilograms or More of Cocaine; Possession with Intent to Distribute 500 Grams or More of Cocaine; prior convictions including cocaine distribution
Case Status
Decision Made
Pre-Existing Health Conditions
Age, High Cholesterol, Hypertension (high blood pressure), Other, History of cancer, malignant colon neoplasm, colon polyps, seizure disorder, hypertension, anemia, benign hypertrophy of the prostate, sickle cell trait, bladder neck obstruction, disorder of muscle, gastro-esophageal reflux
Pre-Existing Health Conditions Notes
Age (72)
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.