U.S. v. Asaro (E.D.N.Y.) - Compassionate Release Grant - Elderly Stroke Victim
Vincent Asaro served nearly 75% of his sentence for burning a car, which the judge had increased because of evidence at a trial for another crime, for which Asaro was acquitted. Asaro's advanced age, poor health following a stroke, and increased risk of coronavirus infection merited compassionate release under the First Step Act. While Judge Ross acknowledged that "as of this writing, no confirmed cases of COVID-19 are present at Springfield," she could not "conclude that no cases are, in fact, present, without assurances that the BOP is routinely testing everyone within the facility."
United States v. Asaro, No. 17-CR-127 (ARR), 2020 WL 1899221 (E.D.N.Y. April 17, 2020)
DETAILS
Decision
Date
4/17/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Class Certification, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO)
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Supervised release with home incarceration for 23 months; Must reside with Michele Carollo and Noreen Asaro for the duration of his home incarceration; Carollo and Noreen Asaro must notify probation department of EDNY upon release of Vincent Asaro and upon his arrival at their residence; Home incarceration to be enforced by location monitoring, can leave only with prior permission from the court or for necessary medical services with advanced notice if time permits; a responsible, adult individual approved by the probation department must be with Vincent Asaro at all times; defense counsel must contact probation officer to set up electronic monitoring; Vincent Asaro must isolate himself to the best of his ability while in transit from prison to residence, and once at residence must quarantine for 14 days
Convictions
"Violation of the Travel Act" arising from asking or directing associates to set a car on fire.
Case Status
Decision Made
Motions Partially Granted
The motion for release was granted, but under the conditions described in "conditions of release."
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., Exhaustion is subject to equitable exceptions., Other, Exhaustion satisfied because Asaro's release for compassionate release was denied by the prison.
Pre-Existing Health Conditions
Age, Asthma, Cancer, Cardiac Disease, Cognitive Disability, High Cholesterol, Hypertension (high blood pressure), Kidney Disease, Obesity, Other, One or more disabilities recognized by the Rehabilitation Act
Pre-Existing Health Conditions Notes
Asaro is 84 years old and suffers from expressive aphasia following a stroke. He requires assistance eating and showering. He has difficulty walking and has suffered injuries from falls.
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
No
Non-Legal Actions
New York Times article 'Jails are Petri Dishes' (https://www.nytimes.com/2020/03/30/ us/coronavirus-prisons-jails.html./)
Litigation Database
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