The court granted a motion for compassionate release. The court held that Ardila had demonstrated "extraordinary and compelling reasons" warranting a reduction of his sentence, namely his age (71) and chronic health conditions (asthma, hypertension, obesity, diabetes, cardiovascular disease). His sentence was reduced to time served for him to be released from BOP custody and into ICE custody pursuant to his underlying detainer.
United States v. Ardila, No. 03-cr-264 (SRU), 2020 WL 2097736 (D. Conn. May 27, 2020)
DETAILS
Decision
Date
5/1/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Class Certification, Release
Type of Court
Federal District Court
Location
Connecticut
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Immediate release; Entering ICE custody pursuant to his detainer
Convictions
Drug charges, including conspiracy to possess with intent to distribute and to distribute 5,000 grams or more of cocaine, 1,000 grams or more of heroin.
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
Other, No exhaustion issue because the BOP formally denied his request on April 15, 2020.
Age (71), Asthma (does not clarify), Obesity (does not clarify)
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
Not Discussed
Potential Research
For me, this case brought up the issue of compassionate release being granted and the result being that someone goes directly into ICE custody instead.
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.
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