Sixth Circuit Panel Argue Over COVID Data In Compassionate Release Case

Does a federal prisoner deserve compassionate release because there had been a COVID-19 outbreak at his prison and he is vulnerable because of his multiple sclerosis? Sixth Circuit: We can’t say the district court abused its discretion to deny the motion for compassionate release. But while we agree on the result, we disagree on something else.

Main opinion: District courts must take the virus's threat to prisoners seriously given the COVID-19 data on spread of coronavirus in prison.

Concurring opinion: Main opinion's point is unreliable dicta.

Main opinion footnote: Concurrence's opinion is "dicta about dicta." Besides, look who’s talking.

The case is United States v. Mathews, No. 20-1635 (6th Cir. Mar. 8, 2021).