Cotto pled guilty to charges related to drug trafficking and was sentenced to 78 months in prison but was eligible for safety valve treatment. He filed a motion for compassionate release based on the threat posed by COVID-19, and although the court found that he had not exhausted his remedies, it also found that the government waived any unsatisfied exhaustion requirement. The court denied his motion, however, because it found that he posed a danger to the community based on the nature of his convictions and the fact that he had disciplinary issues while incarcerated. The court then held that, even if he was not a danger, his medical conditions did not qualify as extraordinary and compelling because he is presently able to take care of himself within the facility and his medical records reflected that the BOP was administering the necessary care for his disease; the record also reflected that the defendant occasionally refused treatment for diabetes, which further undermined his argument that his condition was serious enough to warrant compassionate release.
United States v. Cotto, No. 2:16-cr-00036-MVL-JVM, 2020 U.S. Dist. LEXIS 177274 (Sept. 28, 2020)
DETAILS
Decision
Date
09/28/2020
Practice Area
Criminal (Federal Charges)
Relief Requested
Release
Type of Court
Federal District Court
Location
Louisiana
Type of Case
Individual
Case Characteristics
Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions
Release Granted
No
Compassionate Release Case
Yes
Case Tracking Number
2:16-cr-00036-MVL-JVM
MORE CASE INFORMATION
Court Name
E.D. La.
Decision
Motion Denied
Place of Incarceration
Federal Prison
Name of Facility
FCI Elkton
Legal Authority
First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A)
Convictions
Conviction: one count of conspiracy to distribute and possession with the intent to distribute one kilogram or more of heroin and five kilograms or more of cocaine hydrochloride, and one count of using a telecommunications facility in furtherance of drug trafficking.
Case Status
Decision Made
Compassionate Release Exhaustion Holdingsin Federal Case
Other
Pre-Existing Health Conditions
Diabetes, Obesity
Pre-Existing Health Conditions Notes
Diabetes (Type II); Obesity (BMI is not indicated).
COVID-19 Positive or Symptomatic
No
COVID-19 in Jail Prison or Detention Center
Yes
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.