The court granted the petitioner's request for compassionate release under the First Step Act, citing his Hepatitis C and the conditions of the facility where he is being held (FCI Elkton). On the issue of exhaustion, the court rejected the government's contention that a request for home confinement sent by the incarcerated individual over thirty days before did not count as a compassionate release request, therefore meaning he had successfully exhausted administrative remedies. On the merits, the court ruled that his Hepatitis C put made him immunocompromised and thus would put him at risk of a serious infection, especially given that COVID-19 was widespread at FCI Elkton. The court also ruled that he was not a danger to the community, given that he was found guilty of a nonviolent drug offense and because "Mr. White has had a clean disciplinary record while in prison and has completed drug and substance abuse counseling offered by BOP."
United States v. White, No. 2:17-CR-00198-4, 2020 WL 3244122 (S.D. W. Va. June 12, 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
S.D. W. Va.
Place of Incarceration
Name of Facility
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, U.S.S.G. § 1B1.13
Immediate release into 8 months of home confinement (with exceptions solely for medical necessity and court appearances), followed by 3 years and 4 months of supervised release.
Conspiracy to distribute 100 grams or more of heroin
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.
Pre-Existing Health Conditions
Pre-Existing Health Conditions Notes
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.