Byline: R.I. Lawyers Weekly Staff
Where a defendant has filed a motion for compassionate release, the motion should be allowed in light of the COVID-19 pandemic and the defendant's preexisting medical conditions, including stage 3 chronic kidney disease and hypertension.
" Defendant shall be released from the custody of the Bureau of Prisons ('BOP') by Thursday, June 11, 2020, by 5 p.m. Further, as set forth in more detail below, the balance of Defendant's sentence shall be added to his supervised release and spent on home detention.
"It is undisputed that, pursuant to 18 U.S.C. 3582(c), Defendant has exhausted the BOP's administrative process for his request for compassionate release.
" [T]he Court concludes that Defendant's risk of death or serious adverse consequences from COVID-19 is substantially higher than the general population.
"In addition to Defendant-specific risk factors, COVID-19 is reported at FCI Fort Dix. The Government represented to the Court that all inmates at the Fort Dix satellite camp were tested on May 6th. Of the 240 inmates, 58 tested positive for COVID-19, for an infection rate of over 20%. Defendant is housed at the low security facility, where the BOP has tested very few inmates. While no general population inmates have tested positive at the low security facility, the BOP has also not performed widespread testing that would allow the Court to determine the actual infection rate. However, based upon the rate of infection at the camp and within the greater community, it is likely to be notable.
"As to the additional 3553 factors and risk to the community, the Court finds that although Defendant's offense and criminal history are serious and concerning, he has served approximately 80% of his sentence; he has been...