The court denied a motion for compassionate release. The incarcerated individual had underlying health issues and had contracted and recovered from Covid-19, but had concerns about reinfection. While acknowledging the risk to the incarcerated person, the court stated there was “the need to afford adequate deterrence and to protect the public,” specifically noting that “Walker has spent most of his adult life as a drug user and dealer who possesses firearms, resulting in five separate federal prison sentences by the age of 39” and that Walker had “longstanding psychological issues that may increase his danger to society.”
United States v. Walker, No. 2:12-cr-0001-004, 2020 WL 2520242 (W.D. Va. May 18, 2020)
DETAILS
Decision
Date
5/18/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Discovery, Improved Conditions, Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Virginia
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a disciplinary history, Has a significant criminal history
Case Tracking Number
20-cr-00001-JPJ
MORE CASE INFORMATION
Court Name
W.D. Va.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Elkton
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), § 2241 Habeas
Convictions
Felon in Possession of Firearm; Unlawful Use of Controlled Substances (cocaine and marijuna); Conspiring to Distribute a Controlled Substance (oxycodone); Violations of Supervised Release
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request., Exhaustion is subject to equitable exceptions.
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.
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