Letter from Waylon Young Bird to District Court (10/10/20)
Federal inmate at Springfield Medical Center letter to sentencing judge requesting compassionate release because of COVID-19 outbreaks.
Letter from Torrick Lyles to District Court (6/14/20)
Federal inmate at Springfield Medical Center on kidney dialysis letter to sentencing judge requesting compassionate release because of COVID-19 outbreaks.
Leadership Conference, ACLU and Federal Public and Community Defenders Letter to Congressional Leadership (4/2020)
Letter from The Leadership Conference on Civil and Human Rights, the ACLU, and the Federal Public and Community Public Defenders to Senate Majority Leader McConnel, Senate Minority Leader Schumer, House Speaker Pelosi, and House Minority Leader McCarthy urging Congress to adopt critical provisions to protect the health and safety of incarcerated individuals in the COVID-19 response package currently being negotiated, such as: (1) provisions that will dramatically reduce pretrial and prison populations; (2) an expansion of court authority to release individuals in BOP Custody; (3) Increases in the availability of home detention for elderly people; (4) provisions that facilitate essential communication with counsel; and (5) additional support at the federal, state, and local level to prevent, prepare for, and respond to coronavirus.
He tested positive for the coronavirus. One day later, a federal prison flew him home to Alaska. (5/26/20)
By Michelle Theriault Boots, Anchorage Daily News
An Anchorage man granted compassionate release from a California federal prison engulfed in a coronavirus outbreak tested positive one day before his release but was allowed to fly back to Alaska -- apparently unaware he had the virus, according to court documents.
More than a dozen new grants of federal sentence reductions using SS 3582(c)(1)(A), including another based on stacking/disparity/trial penalty concerns (last visited 4/28/20)
Sentencing Law & Policy
Samy v. United States, No. 2:16-cr-20610-1, 2020 WL 1888842 (E.D. Mich Apr. 16, 2020)
(Order granting petitioner's motion for reconsideration of order denying compassionate release based in part on COVID-19), Dkt. 88
United States v. Hammond, No. 1:02-cr-00294-BAH-1, 2020 WL 1891980 (D.D.C. Apr. 16, 2020)
(Memorandum and Indicative Ruling, granting compassionate release based in part on COVID-19, if Court of Appeals remands), Dkt. 51
United States v. Coker, No. 3:14-CR-085-RLJ-DCP-20, 2020 WL 1877800 (E.D. Tenn. Apr. 15, 2020)
(Memorandum Opinion, granting compassionate release based in part on COVID-19), Dkt. 868
United States v. Cosgrove, No. 2:15-cr-00230-RSM-1, 2020 WL 1875509 (W.D. Wash. Apr. 15, 2020)
(Order Granting Defendant's Motion for Reconsideration, granting compassionate release in part based on COVID-19), Dkt. 95
United States v. Kataev, No. 1:16-cr-00763-LGS-5 (S.D.N.Y. Apr. 14, 2020)
(Amended Order, granting compassionate release in part based on COVID-19), Dkt. 779
United States v. Wen, No. 6:17-CR-06173, 2020 WL 1845104 (W.D.N.Y. Apr. 13, 2020)
(Decision and Order, granting compassionate release in part based on COVID-19), Dkt. 106
United States v. Smith, No. 1:12-cr-00133-JFK-1, 2020 WL 1849748 (S.D.N.Y. Apr. 13, 2020)
(Opinion and Order, granting compassionate release based in part on COVID-19), Dkt. 197
United States v Ben-Yhwh, No. 11:15-cr-00830-LEK-1, 2020 WL 1874125 (D. Hawaii Apr. 13, 2020)
(Amended Order, granting in part and denying in part defendant's emergency motion to modify sentence for compassionate release based in part on COVID-19), Dkt. 206
United States v. Tran, No. 8:08-cr-00197-DOC, 2020 WL 1820520 (C.D. Cal. Apr. 10, 2020)
(Order re: Motion Emergency Motion to Reduce Sentence, granting compassionate release in part based on COVID-19), Dkt. 405
United States v. Burrill, No. 17-cr-00491-RS-2, 2020 WL 1846788 (N.D. Cal. Apr. 10, 2020)
(Order Granting Emergency Motion for [Compassionate] Release, based in part on COVID-19), Dkt. 308
- BOP Annual Report to Congress re: Compassionate Release Under the First Step Act (2/13/20)
Tips For Prisoner Release Requests During Pandemic (4/12/20)
By William Athanas, JD Thomas, and Charles Preuter, Law360
US v. Copeland, No. 2:05-cr-00135-DCN (D.SC Mar 24, 2020)
Order, granting compassionate release for 73-year-old with severe health conditions under the First Step Act, as "[g]iven defendant's tenuous health condition and age, remaining incarcerated during the current global pandemic puts him at even higher risk for severe illness and possible death, and Congress has expressed its desire for courts to release individuals the age defendant is, with the ailments that defendant has during this current pandemic"), Dkt. 662
- US v. Mace, No. 4:17-cr-00618-DJB (SD TX April 1, 2020)
Order for Reduced Sentence and Release to Home Confinement), Dkt. 56
- We'll see many more covid-19 deaths in prisons if Barr and Congress don't act now (4/6/20)
By Lisa B. Freeland, David Patton, and Jon Sands, The Washington Post
- US v. Perez, No. 1:17-cr-513-3-AT (S.D.N.Y. Apr 1, 2020)
Order Granting Sentence Reduction CR Sentence reduced to time served with supervised release beginning immediately; "The Court holds . . . that Perez's exhaustion of the administrative process can be waived in light of the extraordinary threat posed--in his unique circumstances--by the COVID-19 pandemic.")
US v. Muniz, No. 4:09-cr-199-DJB (S.D.Tex. Mar 30, 2020)
Order Granting CR, Dkt. 578 releasing defendant serving 188-month sentence for drug conspiracy in light of vulnerability to COVID-19)
- US v. Jepsen, No. 3:19-cr-00073(VLB), 2020 WL 1640232 (D. Conn. Apr. 1, 2020)
("Mr. Jepsen is in the unique position of having less than eight weeks left to serve on his sentence, he is immunocompromised and suffers from multiple chronic conditions that are in flux and predispose him to potentially lethal complications if he contracts COVID-19, and the Government consents to his release. The Court finds that the totality of the circumstances specific to Mr. Jepsen constitute 'extraordinary and compelling reasons to grant compassionate release.")
- US v. Williams, No. 3:04-cr-95-MCR (N.D. Fla. Apr. 1, 2020)
("Williams' cardiovascular and renal conditions compromise his immune system, which, taken with his advanced age, put him at significant risk for even more severe and life threatening illness should he be exposed to COVID-19 while incarcerated.... Based on these facts, the Court finds that Williams' deterioration in physical health is sufficiently serious to satisfy the medical criteria for a reduction in sentence.")
- US v. Resknik, No. 1:12-cr-00152-CM (S.D.N.Y. Apr. 2, 2020)
("Releasing a prisoner who is for all practical purposes deserving of compassionate release during normal times is all but mandated in the age of COVID-19")
- US v. Brannan, No. 4:15-CR-80-01 (S.D. Tx. Apr. 2, 2020)
(though not reflected in order, emergency motion was granted on same day of filing for prisoner who had served only 9 months of a 36-month sentence for fraud at FCI Oakdale and had not exhausted BOP remedies)
- US v. Colvin, No. 3:19cr179 (JBA), 2020 WL 1613943 (D. Conn. Apr. 2, 2020)
("She has diabetes, a 'serious ... medical condition,' which substantially increases her risk of severe illness if she contracts COVID-19.... Defendant is 'unable to provide self-care within the environment of' FDC Philadelphia in light of the ongoing and growing COVID-19 pandemic because she is unable to practice effective social distancing and hygiene to minimize her risk of exposure, and if she did develop complications, she would be unable to access her team of doctors at Bridgeport Hospital. In light of the expectation that the COVID-19 pandemic will continue to grow and spread over the next several weeks, the Court concludes that the risks faced by Defendant will be minimized by her immediate release to home, where she will quarantine herself.")
- US v. Foster, No. 1:14-cr-324-02 (M.D. Pa. Apr. 3, 2020)
("The circumstances faced by our prison system during this highly contagious, potentially fatal global pandemic are unprecedented. It is no stretch to call this environment 'extraordinary and compelling,' and we well believe that, should we not reduce Defendant's sentence, Defendant has a high likelihood of contracting COVID-19 from which he would "not expected to recover." USSG SS 1B1.13. No rationale is more compelling or extraordinary.")
(includes exhibits and proposed order)
- US v. Powell, No. 1:94-cr-0316-ESH (D.D.C. Mar. 24, 2020), Recommendation, Dkt. 94
(Court recommendation to BOP to immediately place defendant, who is 55-years old and suffers from several respiratory problems (including asthma and sleep apnea) into home confinement to serve the remainder of his prison term)
- US v. Powell, No. 1:94-cr-0316-ESH (D.D.C. Mar. 27, 2020), Order Granting Compassionate Release, Dkt. 97
- US v. Powell, No. 1:94-cr-0316-ESH (D.D.C. Mar. 28, 2020), Amended Order Granting Compassionate Release, Dkt. 98
- US v. Powell, No. 1:94-cr-0316-ESH (D.D.C. Mar. 24, 2020), Recommendation, Dkt. 94
- US v. Mirilashvili, No. 1:14-cr-00810-CM (S.D.N.Y. Mar. 26, 2020), Memorandum of Law in Support of Moshe Mirilashivili's Motion for Compassionate Release Under 18 U.S.C. 3582(c)(1)(A)), Dkt. 498 (with exhibits)
By Henry Mazuerk & Ilana Haramati, private attorneys, S.D.N.Y.
- Emergency Motion for Compassionate Release (3/23/20) (S.D. Cal.)
By private attorneys.
Includes argument about why COVID-19 should be deemed an exceptional circumstance of peculiar urgency to administrative exhaustion.
- US v. Chavez-Zarate, Reply in Support of Motion for Compassionate Release (3/24/20) (E.D. Cal.)
By Federal Public Defender, E.D. Cal.
- Renewed Motion for Compassionate Release with Exhibits (3/23/20) (C.D. Cal.)
By Brianna Mircheff, AFD, C.D. Cal.
- Supplemental Authority in Support of Motion for Compassionate Release (3/13/20) (W.D.WA)
By Jennifer Wellman, AFD, W.D.WA.
- Supplemental Letter for Compassionate Release re: COVID-19 (3/17/20) (E.D.N.Y.)
By Justine Harris, private attorney, E.D.N.Y.
- Motion for Compassionate Release re: COVID-19 (3/20/20) (S.D.N.Y.)
By Sharon McCarthy, private attorney, S.D.N.Y.
- Memorandum in Support of Motion for Compassionate Release re: COVID-19 (3/18/20) (S.D. Fla.)
By Rebeka Poston, private attorney, S.D.FL.