Aguilar moved for compassionate release, citing preexisting health conditions (obesity BMI of 39 and anxiety). The court denied release, declining to grant compassionate release for an otherwise healthy and young (age 27) individual, who has only served 22% of a 70 month sentence for selling methamphetamine and firearms. The court also noted that Monterey County, where defendant would be released, was a COVID-19 hotspot.
United States v. Aguilar, No. 18-CR-00275-LHK, 2020 WL 6081779 (N.D. Cal. Oct. 15, 2020)
DETAILS
Decision
Date
10/15/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
California
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
38
MORE CASE INFORMATION
Court Name
N.D. Cal.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
United States Penitentiary Atwater
Legal Authority
First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and engaging in the business of selling firearms without a license, in violation of 18 U.S.C. § 922(a)(1)(A). Defendant had two prior misdemeanor convictions (running from law enforcement while in possession of 3.2 grams of marijuana and driving with a suspended license).
Case Status
Decision Made
Pre-Existing Health Conditions
Anxiety, Obesity
Pre-Existing Health Conditions Notes
BMI (39)
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.