The district court granted Ardila's motion for compassionate release, since he had exhausted his administrative remedies and "his medical conditions and current conditions of confinement constitute extraordinary and compelling reasons to reduce his sentence." Because of his ICE detainer, he was released into ICE custody.
United States v. Ardila, No. 3:03-cr-264 (SRU), 2020 WL 2097736 (D. Conn. May 1, 2020)
Elderly, Immigrant Detention, 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, Only served a small portion of their sentence (less than 33%)
Case Tracking Number
3:03-cr-264 (SRU)
MORE CASE INFORMATION
Court Name
D. Conn.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
Order does not give the name of the facility at which Ardila was incarcerated.
Legal Authority
Other, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments), Eighth and Fifth Amendment - Cruel and Unusual Punishment
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), § 2241 Habeas
Release Conditions
"Upon release from BOP custody [Ardila] shall enter the custody of Immigration and Customs Enforcement pursuant to his underlying detainer."
Convictions
Order does not state the crime(s) for which Ardila has been convicted.
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., Other, Exhaustion satisfied because BOP formally denied Ardila's request for compassionate release.
"Ardila is 71 years old and suffers from diabetes, cardiovascular disease, hypertension, asthma, and obesity."
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.
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