451 F.Supp.3d 237
D. Conn.2020Background
- Defendant Latrice Colvin pleaded guilty to mail fraud and was sentenced to 30 days’ imprisonment plus two years’ supervised release (first seven months of supervision to include home detention). She self‑surrendered to FDC Philadelphia on March 16, 2020 with about 11 days remaining.
- Colvin has Type II diabetes (and history of high blood pressure); she receives ongoing care from Bridgeport Hospital physicians outside custody.
- On March 27, 2020 Colvin submitted an administrative request for compassionate release to the BOP; she had not received a response before filing this emergency motion in federal court.
- Colvin moved for compassionate release under 18 U.S.C. § 3582(c)(1)(A)(i), arguing her medical condition plus COVID‑19 exposure risk at FDC Philadelphia constitute extraordinary and compelling reasons for release to home quarantine and medical care.
- The Government opposed, arguing Colvin hadn’t exhausted administrative remedies and that her diabetes appeared controlled such that release was not warranted; the Court held a teleconference argument on April 2, 2020.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the § 3582(c)(1)(A) administrative exhaustion requirement must be satisfied before the court acts | Colvin: waiver appropriate because waiting is futile/unduly risky given short remaining term and COVID‑19 threat | Government: exhaustion not satisfied; court should decline to consider motion | Court waived exhaustion due to futility, inadequate relief from delay, and undue prejudice given imminent sentence end and COVID‑19 risk |
| Whether Colvin showed “extraordinary and compelling reasons” for release | Colvin: diabetes and high BP place her at higher risk of severe COVID‑19 and she cannot effectively self‑care or socially distance at FDC; home care available | Government: diabetes appears controlled; did not concede an insufficiency of BOP care | Court found diabetes places Colvin at higher risk per CDC and U.S.S.G. §1B1.13 standards; COVID‑19 creates extraordinary and compelling reasons for release |
| Whether Colvin poses a danger to the community and whether § 3553(a) factors permit release | Colvin: not a danger; supervised release conditions and home confinement mitigate risk | Government: raised general opposition to release (did not persuasively argue danger) | Court found Colvin is not a danger and §3553(a) factors weigh in favor of release |
| Appropriate relief and scope (timing and conditions) | Colvin: immediate release to home quarantine; reduce sentence to time served | Government: opposed immediate release | Court reduced sentence to time served, ordered immediate release from BOP custody; all other sentence terms unchanged and additional release conditions imposed |
Key Cases Cited
- Washington v. Barr, 925 F.3d 109 (2d Cir. 2019) (explaining exceptions to statutory exhaustion and circumstances permitting waiver)