Compassionate release request over COVID concerns denied

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A federal judge has denied an inmate request for early release because he has not yet exhausted all other administrative options.

Defendant Jakeel Irvin filed a pro se motion for compassionate release out of concerns about contracting COVID-19.

The federal probation office filed a report concerning Irvin’s status at Federal Correctional Institution Fort Dix, where he is serving the 71-month sentence for a drug trafficking conviction.

The U.S. Attorney’s Office filed a response to Irvin’s motion seeking a dismissal of Irvin’s motion on the grounds that Irvin has not exhausted his administrative remedies.

U.S. District Court Judge David G. Larimer denied Irvin’s motion.

“There are several reasons for dismissal. The government’s response demonstrates that Irvin has not exhausted his administrative remedies relative to the pending motion. For that reason alone, his present motion should be denied,” Larimer wrote.

“In addition, this is Irvin’s second motion seeking compassionate release,” Larimer wrote.

Larimer denied Irvin’s initial motion in July. That decision was appealed by Irvin and the appeal is still pending.

“Generally, when a district court’s decision is appealed and pending before the circuit court, the district court loses jurisdiction over the matter,” Larimer wrote.

The new claim is essentially the same as the first one, according to Larimer’s decision.

“This, therefore, is an additional reason to dismiss,” Larimer wrote.

“Also, on the merits, the motion should be denied. A defendant bringing such a motion has the burden to establish extraordinary and compelling reasons to modify a legally-imposed sentence. Irvin failed to do that in his initial motion which I denied less than a year ago and he has failed, once again, to demonstrate entitlement to relief,” Larimer wrote.

Irvin is classified at medical care level 2, a relatively low level of medical care and his medical issues do not appear especially severe or significant, Larimer wrote.

In the past there had been infections but over 1,200 inmates and 134 staff have completely recovered, Larimer wrote.

Also, Irvin refused a blood draw in August 2022 to clarify his health status, according to the decision.

The probation office also reported that Irvin refused all treatment and the recommendations of the prison medical staff.

“It also appears … Irvin has received vaccines for the virus,” Larimer wrote.

“After careful review of defendant’s motion and Probation’s Report, it is clear once again, that Irvin has failed to establish extraordinary and compelling medical circumstances that warrant reduction or a change of his sentence,” Larimer wrote.

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