Court granted compassionate release to 85-year old with lengthy violent criminal history and blood pressure, chronic pain, cholesterol, prostate issues, expressive aphasia. Court did so despite lack of any confirmed cases at the facility. "I acknowledge that, as of this writing, no confirmed cases of COVID-19 are present at Springfield, I cannot conclude that no cases are, in fact, present, without assurances that the BOP is routinely testing everyone within the facility." Id. at *6.
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
Preliminary Injunction (PI), Release
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, 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
Case Tracking Number
17-cr-127 (ARR)
MORE CASE INFORMATION
Court Name
E.D.N.Y.
Decision
Motion Granted
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Immediate release, 14-day self-quarantine at home; Supervised release with home incarceration for 23 months; supervised release for the next 3 years after;
Convictions
Violation of the Travel Act. Also was "high-level member of the Bonnano crime Family" and he "has lived a life of violence" including participating in a murder.
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
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.