The court denied petitioner's motion for compassionate release despite the high number of positive COVID cases at the facility (>500 positive tests as of decision's date). The court found that the petitioner's pre-existing health conditions (hypertension and age 51) were not extraordinary/compelling enough to warrant release. The court noted that petitioner already contracted COVID and may have developed immunity; even though petitioner suffered terribly from COVID, the court found that post-infection he had no COVID-related health complications. Lastly, the court noted that petitioner posed a danger to the community because he only served 50% of his sentence and because of his significant criminal history (petitioner was convicted for possessing nearly 400kg of cocaine and he was a leader of a drug trafficking organization).
United States v. Triplett, No. 02-40131-JAR, 2020 WL 5802120 (D. Kan. Sept. 29, 2020)
DETAILS
Decision
Date
09/29/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Kansas
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
5:02-cr-40131-JAR
MORE CASE INFORMATION
Court Name
D. Kan.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Terminal Island
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Possession and conspiracy to distribute cocaine.
Case Status
Decision Made
Pre-Existing Health Conditions
Age, Hypertension (high blood pressure)
Pre-Existing Health Conditions Notes
Age (51)
COVID-19 Positive or Symptomatic
Yes
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.