Mr. Wesley's filed a motion for compassionate release that was denied because the court determined that his cholesterol levels had been managed and seizure disorder had been "resolved," given that he had not had a seizure in more than a year. Then Wesley filed a motion for reconsideration, alleging that he had two seizures and refused to take his medicine because they made him nauseous. The court denied the motion for reconsideration because Wesley refused to take medication to lower his risk of seizures and FCI Forrest City Low has "contained and controlled" COVID-19. Additionally, under the § 3553(a) factors, the court declined to reduce his sentence because of the severity of his drug crime and the inherent violence associated with the related firearm offense. In his motion for reconsideration, Wesley alleged that the court failed to consider his race, African American, in denying his motion, but the court said his race did not change its analysis.
United States v. Wesley, No. 07-20168-02-JWL, 2020 WL 5848897 (D. Kan. Oct. 1, 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
FCI Forrest City Low
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
numerous drug-related charged (not all specified); possession of more than 150 kilograms of cocaine; firearms offense
Pre-Existing Health Conditions
High Cholesterol, Other, Seizure Disorder
COVID-19 Positive or Symptomatic
COVID-19 in Jail Prison or Detention Center
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.