The Court granted defendant’s motion for Compassionate Release and waived the exhaustion requirement. As the BOP is not accepting new inmates, the Court found that it was impossible for defendant to meet the exhaustion requirement.
United States v. Witherspoon, No. 3:16-cr-30041 (SEM-TSH), Dkt. 50 (C.D. Ill. May 28, 2020)
DETAILS
Decision
Date
5/28/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
Illinois
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
Yes
Compassionate Release Specific Characteristics
Has a significant criminal history
Case Tracking Number
16-cr-30041-SEM-TSH
MORE CASE INFORMATION
Court Name
S.D.N.Y.
Decision
Motion Granted
Place of Incarceration
Local / County Jail, Unknown
Name of Facility
Sangamon County Jail
Legal Authority
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Strict 14-day isolation quarantine beginning at the time of his release (including while he travels from the detention facility to his girlfriend's house); and telephonic monitoring.
Convictions
Aggravated fleeing and eluding; resisting arrest; and aggravated battery to a police officer.
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
Exhaustion is subject to equitable exceptions., Other, "The Court concludes that § 3582(c)(1)(A) does not require the Court to wait to consider a compassionate release request if there is a credible claim of serious and imminent harm from this pandemic." Id. at 9.
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