The court granted the individual's motion for compassionate release under the First Step Act on the basis that her pre-existing health conditions (diabetes and hypertension) increased her risk of infection due to COVID-19. The individual was convicted of federal offenses related to identity theft and fraudulent tax returns. She was also subject to a detainer by ICE. The court granted her motion due to her health issues which "diminish the ability of the defendant to provide self-care within the environment of a correctional facility." The court also noted that "defendant is a first-time non-violent offender and complied with more than four years of pretrial release conditions" and that her likely removal meant that she "does not present a risk to the public."
United States v. Bayuo, No. 15-cr-576 (JGK), 2020 U.S. Dist. LEXIS 108696 (S.D.N.Y. June 20, 2020)
DETAILS
Decision
Date
6/20/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
New York
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison]
Release Granted
Yes
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Only served a small portion of their sentence (less than 33%)
Two years supervised release; also is subject to a detainer by Immigration and Customs Enforcement (ICE) and is likely to be removed from the country
Convictions
Aiding and assisting preparation of false and fraudulent tax returns; theft of government funds; aggravated identity theft; subscribing to false income tax returns
Case Status
Decision Made
Pre-Existing Health Conditions
Diabetes, Hypertension (high blood pressure)
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.
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.