The Ninth Circuit granted a limited remand to the district court to allow the district court to entertain the parties’ stipulation to release appellant pending sentencing.
United States v. Chavol, No. 20-50075 (9th Cir. Apr. 2, 2020)
DETAILS
Decision
Date
4/2/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Improved Conditions, Other, Preliminary Injunction (PI), Release, Temporary Restraining Order (TRO), Release, Remand to District Court (for release)
Type of Court
Federal Appellate Court
Location
California
Type of Case
Individual
Case Characteristics
Elderly, Immigrant Detention, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Compassionate Release Case
Yes
Compassionate Release Specific Characteristics
Has a significant criminal history, Was sentenced as a Career Offender under the U.S. Sentencing Guidelines
Case Tracking Number
20-50075
MORE CASE INFORMATION
Court Name
9th Cir.
Decision
Motion Granted
Place of Incarceration
Federal Detention Center [typically federal pretrial detention]
Name of Facility
Metropolitan Detention Center (Los Angeles)
Legal Authority
Eighth Amendment - Deliberate Indifference, Substantive Due Process - Deliberate Indifference (both 14th and 5th Amendments), Substantive Due Process - Punitive Detention (both 14th and 5th Amendments)
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, Section 1983, § 2241 Habeas, Fed. R. App. P. 12.1
Convictions
21 U.S.C. §§ 846, 841(a)(1), 841(b)(1)(C) - Possession with Intent to Distribute and Distribution of Opium, and Conspiracy
Case Status
Decision Made
Pre-Existing Health Conditions
Age, Asthma, Bi-Polar Disorder, Cancer, Cardiac Disease, Diabetes, High Cholesterol, HIV, Hypertension (high blood pressure), Kidney Disease, Liver Disease, Lung Disease, Other, Traumatic Brain Injury, Sickle Cell, Immunocompromised (such as from organ or bone marrow transplant as a side effect of medication, or other autoimmune disease), Epilepsy, Pregnancy (current or recent)
Pre-Existing Health Conditions Notes
Age (64)
COVID-19 Positive or Symptomatic
Not discussed
COVID-19 in Jail Prison or Detention Center
Not Discussed
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