Tiller pled guilty to distribution and possession with intent to distribute cocaine base and had served 70 months of his 235-month sentence when he moved for compassionate release. The court recognized the severity of the pandemic and Tiller's health conditions and, without much discussion, found that Tiller met the "extraordinary and compelling" prong to grant compassionate release. However, the court found that a sentence reduction would be improper asTiller has an extensive drug-related criminal history, committed the present offense within five years of having served a significant state sentence, and showed no remorse or appreciation of the effects of his criminal conduct. Finally, the court found that FCI Allenwood Low had been able to adequately address and prevent the spread of COVID-19, demonstrated primarily by the fact that as of Sept. 14, 2020, there were no active cases in the facility, and Tiller's medical conditions were being addressed and treated. As a result, the court denied the compassionate release motion.
United States v. Tiller, No. 1-14-cr-00699-RMB, 2020 U.S. Dist. LEXIS 177848 (Sept. 28, 2020)
DETAILS
Decision
Date
09/28/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
New Jersey
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
1:14-cr-00699-RMB
MORE CASE INFORMATION
Court Name
D.N.J.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Allenwood Low
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Conviction: distribution and possession with intent to distribute cocaine base in violation of 21 USC §§ 841(a)(1) and (b)(1)(C). Prior convictions: four prior convictions on drug distribution.
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request.
Pre-Existing Health Conditions
Hypertension (high blood pressure), Obesity
Pre-Existing Health Conditions Notes
Obesity (BMI: at least 36.1)
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
No
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.