The court granted the incarcerated individual's petition for compassionate release on account of his age and numerous health conditions (including a stroke and paralysis on the right side of his body) that would leave him especially vulnerable to COVID-19. The incarcerated individual was a high-ranking member of the Bonanno crime family and thus had a long and violent criminal history, including offenses like directing associates to commit arson, strangling a man to death, planning/participating in a heist, and being involved in loansharking. However, the court determined that despite that history, his "deteriorating" physical and mental health both put him at risk for infection and also made him less of a threat to the community. The court specifically noted that his conditions, coupled with home confinement orders, meant that he would have little opportunity to engage in violent conduct despite having an "explosive temper.” Thus, the court ordered that he be released as soon as possible and remain under home confinement for 24 months in the care of family members.
United States v. Asaro, No. 17-CR-127 (ARR), 2020 WL 1899221 (E.D.N.Y. Apr. 17, 2020)
DETAILS
Decision
Date
4/17/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Elderly, 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
Case Tracking Number
1:17-cr-00127-ARR
MORE CASE INFORMATION
Court Name
E.D.N.Y.
Decision
Motion Granted
Place of Incarceration
Federal Prison
Name of Facility
Medical Center for Federal Prisoners - Springfield, Missouri ("MCFP Springfield")
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Release Conditions
23 months supervised release (including 24-hour home incarceration via location monitoring); less stringent supervised release for the 3 years thereafter; release into the custody of family members (relation unspecified); some form of supervision (by an adult approved by the Probation Department) must be present on a 24-hour basis
Convictions
High level member of Bonanno crime family with long history: present convictions were for directing Bonanno family associates to set a driver's car on fire; strangling a man for cooperating with the police; and participation in a heist
Case Status
Decision Made
Pre-Existing Health Conditions
Age, High Cholesterol, Hypertension (high blood pressure), Other, Traumatic Brain Injury, Right-side Hemiplegia (muscle weakness/partial paralysis on right side of body)
Pre-Existing Health Conditions Notes
Age (84)
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
No
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.