Court granted a Compassionate Release Grant because of the defendant's lung disease, smoking, and the fact that he only had five months remaining of a twenty-year sentence. The court also held that U.S.S.G. § 1B1.13’s guidance was persuasive, but not exhaustive. Id. at 9.
United States v. Van Cleave, No. 2:03-cr-00247-RSL, Dkt. 142 (W.D. Wash. May 29, 2020)
DETAILS
Decision
Date
5/29/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Bond Hearing, Other, Release, Motion for Modification of Probation Conditions
Type of Court
Federal District Court
Location
Washington
Type of Case
Individual
Case Characteristics
Immigrant Detention, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a significant criminal history
Case Tracking Number
2:03-cr-00247-RSL
MORE CASE INFORMATION
Court Name
W.D. Wash.
Decision
Motion Granted
Place of Incarceration
Other, Private prison
Name of Facility
Nevada Southern Detention Center
Legal Authority
Procedural Due Process (both 14th and 5th Amendments)
Converted rest of sentence to home confinement, preexisting term of supervised release to follow.
Convictions
Conspiracy to steal and sell firearms and theft of firearms from a federal firearms licensee, Conspiracy to distribute methamphetamine and introducing contraband into a federal prison
Case Status
Decision Made
Pre-Existing Health Conditions
Asthma, Depression, Lung Disease, Other, Schizophrenia, Smoking, Substance Use Disorder, Hypothyroidism and Sarcoidosis
COVID-19 Positive or Symptomatic
Not discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
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