Compassionate release granted to individual with pre-existing health conditions including coronary artery disease and hypertension. Defendant had previously violated conditions of supervised release through illegal drug use, but had been imprisoned without using drugs for a substantial period of time and posed no danger. Defendant exhausted administrative remedies.
United States v. Baclaan, No. 16-cr-00468-HG, 2020 WL 2820199 (May 29, 2020).
Elderly, Immigrant Detention, Parole or Probation Violations, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Pretrial Detention [jail], Significant Criminal History
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
16-cr-00468-HG
MORE CASE INFORMATION
Court Name
D. Haw.
Decision
Motion Granted
Place of Incarceration
Federal Detention Center [typically federal pretrial detention], Federal Medical Center
Name of Facility
Federal Detention Center Honolulu
Legal Authority
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments)
Home confinement without electronic monitoring for remainder of sentence; home quarantine for 14 days.
Convictions
Distribution of Oxycodone; Supervised release revoked due to drug use; Criminal History Category IV
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
Other, An individual can move for compassionate release less than 30 days after submitting an application for compassionate release, so long as that amount of time has elapsed by the time of decision.
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.