Wilson previously contracted COVID-19 and recovered, and suffers from hypertension, high cholesterol, chronic asthma, and an upper respiratory infection. The court denied Wilson's motion for compassionate release because FCI Terminal Islands had no current COVID cases at the time of the decision and it concluded that Wilson did not present convincing evidence that he would become severely ill were he to contract COVID-19, as he has already tested positive and recovered, is young, and his hypertension is "currently well managed by BOP." The court did not resolve the issue of administrative exhaustion because Wilson failed to establish compelling reasons for release. The court also concluded that release would be inconsistent with the 18 U.S.C § 3553(a) factors because he repeatedly violated conditions of pretrial release, failed to comply with the rules of a drug program, and served less than half of his sentence.
United States v. Wilson, No. 1:15-CR-00046-NONE, 2020 WL 5763812 (E.D. Cal. Sept. 28, 2020)
DETAILS
Decision
Date
09/28/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
California
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
1:15-cr-00046-NONE-SKO
MORE CASE INFORMATION
Court Name
E.D. Cal.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Terminal Island
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Conspiracy to distribute oxycodone and hydrocodone in violation of 21 USC §§ 846, 841(a)(1), and 841(b)(1)(C); possession with the intent to distribute and aiding and abetting the same in violation of 21 USC §§ 841(a)(1) and 841(b)(1)(A) and 18 USC § 2.
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.