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)
DETAILS
Decision
Date
4/10/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Maryland
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
18-cr-00201-TDC
MORE CASE INFORMATION
Court Name
D. Md.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Cumberland
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Conspiracy to defraud the United States; filing false tax returns
Case Status
Decision Made
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
Not discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
Potential Research
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.
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.