U.S. v. Aguilar (D. Kan.) - Compassionate Release Grant - Deportable Alien
The court granted a motion for compassionate release. The individual had hypertension and Hepatitis B and C, placing him at higher risk of COVID-19. The individual has served more than 17 years, the majority of his sentence, and a longer sentence than he would face today for the same conduct. Defendant Aguilar was granted release on the condition that he quarantine for 14 days before being released to the custody of ICE for deportation.
United States v. Aguilar, 5:02-cr-40035, 2020 WL 4581739 (D. Kan. Aug. 3, 2020)
DETAILS
Decision
Date
08/03/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Kansas
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a significant criminal history, Was sentenced as a Career Offender under the U.S. Sentencing Guidelines
Case Tracking Number
5:02-cr-40035-JAR
MORE CASE INFORMATION
Court Name
D. Kan.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
USP Beaumont
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
The individual is to serve a 14-day quarantine period in the Bureau of Prisons before being released to the custody of Immigration and Customs Enforcement for deportation to Mexico.
Convictions
One count of conspiracy to distribute more than 500 grams of methamphetamine.
Case Status
Decision Made
Pre-Existing Health Conditions
Hepatitis, Hypertension (high blood pressure)
Pre-Existing Health Conditions Notes
Hepatitis (B and C)
COVID-19 Positive or Symptomatic
Not Discussed
COVID-19 in Jail Prison or Detention Center
Yes
Litigation Database
Crowdsourced legal documents from around the country related to COVID-19 and incarceration, organized, collected, and summarized for public defenders, litigators, and other advocates. Created and managed by Bronx Defenders, Columbia Law School’s Center for Institutional and Social Change, UCLA Law COVID-19 Behind Bars Data Project, and Zealous. Mostly federal court opinions, but now expanding to states and legal filings, declarations, and exhibits.
This resource is designed to help lawyers, advocates, researchers, journalists, and others interested in challenging, remedying, or drawing attention to the grave risk that Covid-19 poses to individuals who are detained.