The court granted compassionate release under the First Step Act for individual who had served 44 months of a 156-month conviction for conspiracy to distribute and possess with intent to distribute one (1) kilogram or more of heroin and four hundred (400) grams or more of fentanyl. The court found that the individual satisfied the exhaustion requirement by filing a motion 30 days after his initial request to the warden. It also ruled that (1) the individual’s Type II diabetes constituted a compelling and extraordinary reason warranting release and that (2) the individual did not pose a risk to the community because his initial crimes were non-violent/did not involve minors and he was at a low risk of recidivism.
United States v. Wynn, No. 1:17-cr-00394 (D. Md. Mar. 23, 2021)
DETAILS
Decision
Date
03/23/2021
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Maryland
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Only served a small portion of their sentence (less than 33%)
Case Tracking Number
1:17-cr-00394-RDB
MORE CASE INFORMATION
Court Name
D. Md.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Fairton
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
The individual's term of incarceration was reduced to the time he already served; Prior to the individual's release the Bureau of Prisons was required to quarantine individual for 14 days before release; The individual was required to be on supervised release for 5 years; During individual's supervised release the individual was prohibited from participating in any form of gambling; During individual's supervised release the individual would be under home imprisonment with wife and child at his home and only had permission to attend church services with his family and his son's sporting events
Convictions
Conspiracy to distribute and possess with intent to distribute heroin and fentanyl
Case Status
Decision Made
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
Diabetes
Pre-Existing Health Conditions Notes
Type II Diabetes
COVID-19 Positive or Symptomatic
Not Discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
Litigation Database
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