Cancer survivor granted compassionate release
Another Compassionate Release Cancer Win today… as always remember to exercise caution before filing on your own behalf. Improperly prepared motions can damage your chances at success.
April 6, 2021
United States v. Groat
2021 U.S. Dist. LEXIS 65194
Cancer survivor granted compassionate release
On February 15, 2017, a grand jury charged Justin Greg Groat with one count of being a felon in possession of a firearm, one count of possession of methamphetamine with intent to distribute, one count of possession of a firearm in furtherance of a drug trafficking crime, and possession of marijuana. As of April 2, 2021, Mr. Groat had completed approximately 2 years, 4 months, and 27 days of his sentence—over half of his statutory term.
Groat asked for compassionate release due to a variety of factors. He is a survivor of testicular cancer, and is likely at an increased risk for developing severe Covid as a result. Groat has already survived Covid-19 once, and he submitted persuasive evidence that any “immunity [to Covid-19] seems to last [only] approximately 90 days.”. Additionally, because Mr. Groat is currently unvaccinated, and is exposed to many other inmates and staff who are unvaccinated, and because it is likely that he is capable of being reinfected, the court agreed that Groat is at risk of being infected with Covid-19. Groat is also needed in his home to help care for his wife’s disabled daughter—whom he has raised as his own—who requires 24-hour care.
The court, noting Groat’s exemplary behavior, granted him compassionate release (cancer survivor).
