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United States v. Powell

United States District Court for the District of Columbia

March 28, 2020, Decided; March 28, 2020, Filed

Case No. 1:94-cr-00316 (ESH)

Opinion

AMENDED ORDER

Before the Court is the defendant's unopposed motion for Compassionate Release pursuant to 18 U.S.C. § 3582(c)(1)(A) because of the COVID-19 global pandemic. (Mot. for Compassionate Release, ECF No. 96.)

"Defendant is 55-years-old, suffers from several respiratory problems (including sleep apnea and asthma), and has only 3 months remaining on his 262-month sentence." (Mot. at 1.) The government does not oppose the relief sought. In addition, the Court finds that requiring defendant to first seek relief through the Bureau of Prisons' administrative process would be futile because defendant has an open misdemeanor case in Superior Court which the Bureau of Prisons has advised defense counsel renders defendant ineligible for home confinement.

Accordingly, for the reasons stated above and for the reasons set forth in defendant's motion, it is hereby

ORDERED that the motion is GRANTED; and it is further

ORDERED that the Defendant's [*2]  previously imposed sentence of imprisonment of 262 months is reduced to time-served. It is further

ORDERED that the Defendant be immediately released from custody on his sentence in this case. It is further

ORDERED that the Defendant abide by the standard supervised release conditions. It is further

ORDERED that the Defendant abide by the additional supervised release conditions:

1) Within 72 hours of release, the Defendant shall contact the U.S. Probation Office at 202-565-1300 for specific reporting instructions.

2) The Defendant shall reside at his mother's residence, Sandra Powell, in Washington, DC.

3) Until June 16, 2020, the Defendant shall be (1)restricted to your residence at all times except for employment; education; religious services; medical, substance abuse, or mental health treatment; attorney visits; court appearances; court-ordered obligations; or other activities as pre-approved by the Probation Officer.

ELLEN S. HUVELLE

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2020 U.S. Dist. LEXIS 62546 *

United States of America, v. Samuel H. Powell, Defendant.

Prior History: United States v. Powell, 1996 U.S. App. LEXIS 18411 (D.C. Cir., June 7, 1996)

CORE TERMS

further order, sentence, supervised release, conditions, abide