The court granted the motion after waiving exhaustion because Ullings was not in BOP custody. Ullings had served half of her 8-month sentence, had previous health conditions and had no prior criminal record before this low-level offense. Court emphasized that the facility is in Georgia and “[t]he Court cannot ignore the fact that Ms. Ullings is held in a facility run by people living in a state that took these drastic steps [to be the first state to re-open]” Id. at 15. The court also noted during the hearing that it could see the guards behind Ullings did not have on their masks.
United States v. Ullings, No. 10-cr-00406, 2020 WL 2394096 (N.D. Ga. May 12, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Elderly, Low-Level Offenses, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Compassionate Release Case
Compassionate Release Specific Characteristics
Only served a small portion of their sentence (less than 33%)
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Federal Detention Center [typically federal pretrial detention], Federal Medical Center
Compassionate Release Exhaustion Holdingsin Federal Case
Other, Individual was not yet in BOP custody - exhaustion was waived because administrative remedies were unavailable
Pre-Existing Health Conditions
Age, Cardiac Disease, Diabetes, High Cholesterol, Hypertension (high blood pressure), Obesity, Other, Substance Use Disorder, Heart condition, Lyme Disease, Weight Loss
Pre-Existing Health Conditions Notes
Age: 66, Obesity: not specified
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
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.