Simon had COPD, asthma, and other health conditions, but the court denied his motion for compassionate release because it concluded that his medical conditions do not constitute extraordinary and compelling circumstances. It also concluded that a reduction in his sentence would be inconsistent with the 18 U.S.C. § 3553(a) factors because had previously failed to comply with his bond conditions, failed to appear for sentencing twice, and remained a fugitive for a year when they found him engaged in a second credit card scheme. The court was primarily concerned with Simon's "extensive history of evading authorities."
Simon v. United States, No. 07 CRIM. 474 (SCR), 2020 WL 5764322 (S.D.N.Y. Sept. 28, 2020)
DETAILS
Decision
Date
09/28/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
7:07-cr-474-SCR
MORE CASE INFORMATION
Court Name
S.D.N.Y.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Allenwood Low
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
two counts of access device fraud; one count of failure to appear
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