The court granted the motion for compassionate release. On the issue of exhaustion under the First Step Act, the court held that prior requests for compassionate release (which occurred in 2016 and 2018), counted toward the 30-day requirement. The court ruled that "Defendant's combination of medical conditions, but particularly his heart condition, to be extraordinary or compelling reasons justifying a sentence reduction" and also noted his struggles with chest pain and difficulty breathing. The court also stated they "cannot fathom, and no party has attempted to explain, how Defendant could pose a danger to the community in light of his chronic physical impairments" especially given that "Defendant's criminal history does not involve violence."
United States v. York, Nos. 3:11-CR-76, 3:12-CR-145, 2019 WL 3241166 (E.D. Tenn. July 19, 2019)
DETAILS
Decision
Date
7/18/2019
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Tennessee
Type of Case
Individual
Case Characteristics
Elderly, Other, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Pending Appeal
Must reside within judicial district; Can report to probation officer over the phone; Employment requirement waived.
Convictions
Distribution/Possession with intent to distribute a mixture containing oxycodone; Conspiracy to commit the prior crime; Possession of a firearm in furtherance of a drug trafficking crime; Social Security Fraud
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., Other, Prior requests (from past years) for conditional release that were denied count towards the exhaustion requirement
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