Release on bond pending sentencing granted to individual awaiting sentencing following plea agreement. Defendant takes immune suppressant medication after kidney transplant and government did not object to request for release except to request Fourth Amendment waiver so that defendant and residence could be searched without warrant during release. Home confinement, electronic monitoring, and Fourth Amendment waiver condition imposed.
United States v. Webb, No. 7:19-cr-45, Dkt. No. 38 (M.D. Ga. May 6, 2020).
DETAILS
Decision
Date
5/6/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Class Certification, Other, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO), Release, Remand to District Court (for release)
Type of Court
Federal District Court
Location
Georgia
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail]
Release Granted
Yes
Compassionate Release Case
No
Case Tracking Number
19-cr-00045-WLS
MORE CASE INFORMATION
Court Name
M.D. Ga.
Decision
Motion Granted
Place of Incarceration
Local / County Jail, Not specified
Name of Facility
Butts County Jail
Legal Authority
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Home confinement with electronic monitoring, Fourth Amendment waiver allowing search of defendant and residence without warrant
Convictions
Possession of cocaine base with intent to distribute
Case Status
Decision Made But Case Still Pending
Compassionate Release Exhaustion Holdingsin Federal Case
Exhaustion is subject to equitable exceptions.
Pre-Existing Health Conditions
Age, Asthma, Lung Disease, Medication-Related Immunocompromise, Obesity, Other, Smoking, Medical conditions not specified
Pre-Existing Health Conditions Notes
Medication-Related Immunocompromise (taking immune suppressants as a result of kidney transplant)
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
Not Discussed
Potential Research
This is the first case I've seen where the government did not oppose release. The fact that he will at some point be sentenced and presumably incarcerated likely contributes, but how severe do medical issues have to be before the government does not object?
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