The court denied compassionate release to an individual at "significant health risk" from COVID-19 because the individual did not exhaust administrative remedies. The individual's request for release had been denied, but the 30 day period had not expired and the individual had not appealed. The court found that, because the BOP was open to re-assessing compassionate release requests in light of developments in the spread of the coronavirus, the individual still had the opportunity for relief through the administrative process.
United States v. Underwood, No. 8:18-cr-00201-TDC, Dkt. No. 185 (D. Md. Apr. 10, 2020)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Name of Facility
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Conspiracy to defraud the United States; filing false tax returns
Compassionate Release Exhaustion Holdingsin Federal Case
Other, Exhaustion not subject to exceptions that are not granted in the statute
Pre-Existing Health Conditions
Other, Not specified; defendant at "significant health risk"
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
This is the first case I've seen where a judge ruled that administrative remedies hadn't been exhausted even after the request was denied.
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.