The court granted Almonte's motion for compassionate release for a combination of reasons. Most importantly, Almonte (whose name was misspelled on the docket) was in need of a spinal surgery that if left untreated would leave him paralyzed; his condition was already interfering with his ability to care for himself while incarcerated. The court agreed that BOP was ignoring his medical request and assumed that his request was even less likely to be met now that COVID-19 had become the main concern.
United States v. Almontes, No. 3:05-cr-58-SRU, 2020 U.S. Dist. LEXIS 62524 (D. Conn. Apr. 9, 2020)
DETAILS
Decision
Date
4/9/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Connecticut
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
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
3:05-cr-00058-SRU
MORE CASE INFORMATION
Court Name
D. Conn.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
FCI Danbury
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Conspiracy to Possess with Intent to Distribute and to Distribute 500 Grams or More of Cocaine, Possession of a Firearm in Furtherance of a Drug Trafficking Offense
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
An individual can move for compassionate release after 30 days have passed from the date the application was submitted to the warden, irrespective of whether the warden has granted or denied the request.
Pre-Existing Health Conditions
Other, Severe Spondylolisthetic Stenosis, Cervical Myelopathy
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
Not Discussed
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.